Disposed

Rabindra Bagh v. Tahasildar Motu

Orissa HC12 Oct 2020WP(C)/20666/2020

Case brief

AI extract

What is this about?

In an encroachment case, the Court directed the Tahasildar to treat the petitioner's representation dated 28.01.2020 as his reply to the show cause notice immediately, ensuring the eviction proceeding proceeds without the Court opining on merits.

What did the court decide?

Direction to respondent Tahasildar to treat petitioner's representation dated 28.01.2020 as reply to show cause notice and proceed to consider and dispose of matter.

Rabindra Bagh Vs Tahasildar Motu — Land Acquisition | Orissa HC (2020)

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W.P.(C) No.20666 of 2020

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12.10.2020

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Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr.G.N.Mishra, learned counsel for the petitioner and Mr.S.N.Mishra, learned Additional Government Advocate appearing for the sole opposite party-Tahasildar, Motu. 3. Petitioner, in this writ petition seeks to assail the notice (Form-‘C’) dated 17.10.2019 (Annexure-1) issued by the Tahasildar, Motu in Enclroachment Case No.3 of 2019 under Section 8 of the OPLE Act, 1972 read with Rule 6(2) of the OPLE Rules, 1985.

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Mr.Mishra, learned counsel for the petitioner submits that the petitioner has been occupying a piece of government land bearing plot No.1055 under Khata No.250 in mouza Lachhipeta to an extent of Ac.0.405 out of Ac.1.180 decimal (for short, ‘case land’) since the time of his forefathers. He is utilizing the said plot for agriculture purpose. Although the adjacent encroachers have been settled with a part of the aforesaid plot, the case of the petitioner has not been considered. On the other hand, the Tahasildar, Motu has issued notice in Form-‘C’ requiring the petitioner to file his reply.

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4.1 On receipt of such notice, the petitioner has already filed a representation before the Tahasildar, Motu on 28.01.2020 (Annexure-2) for consideration of his case with regard to settlement of the case land in his favour, which is still pending for consideration. Therefore, he

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prays for a direction for expeditious disposal of the said eviction proceeding taking into consideration the representation as his reply to the notice under Annexure-1.

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Mr.Mishra, learned AGA submits that he has no instruction in the matter. However, if the petitioner has already filed a representation as at Annexure-2, in reply to the notice under Annexure-1, which is stated to be pending, he has no objection if the same is treated as reply to the notice and the Tahasildar, may be directed to proceed with the matter in accordance with law.

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Taking into consideration the submissions of learned counsel for the parties and that the eviction proceeding is pending before the Tahasildar, Motu, this Court, without expressing any opinion on the merit of the same, disposes of the writ petition with a direction that the opposite party-Tahasildar, Motu shall treat the representation dated 28.01.2020 (Annexure-2) as his reply to the show cause notice under Annexure-1 and proceed to consider and dispose of the matter in accordance with law.

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6.1 An authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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.................................

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K.R. Mohapatra, J.

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Rabindra Bagh v. Tahasildar Motu

Case brief

What is this about?

What did the court decide?

Rabindra Bagh v. Tahasildar Motu

Case brief

What is this about?

What did the court decide?

What the court decided

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