The High Court disposed of a writ petition seeking a direction to the Collector to decide a representation on encroachment of Gochar land, directing the petitioners to approach the Tahasildar under the OPLE Act.
Direction to petitioners to approach Tahasildar for eviction proceedings under OPLE Act; writ petition disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No. 3022 of 2017
02. 01.03.2017 The grievance of the petitioners is that opposite party no.5 i
s encroaching certain Gochar land being under Khata No.266 Bhograi Tahasil in Mouza-Bajitpur o
f district Balasore. The petitioners do not dispute that the proceedings for eviction of unaut
horized occupants from Gochar land would be before the Tahasildar under the Orissa Prevention
of Land Encroachment Act, 1972 (for short, OPLE Act).
The prayer made in this petition is for a direction to the Collector-opp. part
y no.2 to decide the representation.
In our view, it is for the petitioners to approach the Tahasildar, Bhograi-opp
. party no.3 by filing an appropriate application under the OPLE Act for removal of encroachme
nt over the Gochar land. In case, any such application is filed, we hope and trust that the Ta
hasildar-opp. party no.3 shall consider and decide the same in accordance with law, as expedit
iously as possible, after giving opportunity of hearing to the parties concerned.
With the aforesaid observation, the writ petition is disposed of.
( VINEET SARAN )
CHIEF JUSTICE
....
( DR. B.R. SARANGI )
JUDGE
pcp/skj
-2-
1 issue framed by the court
Whether a writ court can decide a representation regarding encroachment on Gochar land.
1 provisions across 1 enactments
W.P.(C) No. 3022 of 2017
Collector
Tahasildar
Opposite Party No. 5
VINEET SARAN
DR. B.R. SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court