Disposed

Prabhakar Das v. State of Odisha

Orissa HC20 Apr 2021WP(C)/10088/2021

Case brief

AI extract

What is this about?

A writ petition seeking eviction of encroachers from government road land via 'Khaira' Tahasildar was disposed of. The court granted liberty to the petitioner to initiate Section 133 Cr.P.C. proceedings for public nuisance removal, leaving the Tahasildar free to act on the pending application.

What did the court decide?

Liberty granted to initiate proceedings under section 133 of the Cr.P.C. for removal of public nuisance; Tahasildar directed to consider pending application for action.

Prabhakar Das Vs State of Odisha — Land Acquisition | Orissa HC (2021)

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W.P.(C) NO.10088 OF 2021

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04. 20.04.2021

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The matter is taken up by video conferencing mode. The Petitioner by filing this writ application has prayed to direct the Opposite Party No. 4-Tahasildar, Khaira to evict the Opposite Party Nos. 5 to 10 from the land appertaining to Khata No. 149, Plot No. 61, 86, 93, 109 and 113 of mouza Belakula.

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Learned counsel for the State submits that the Opposite Party Nos. 5 to 10 have illegally encroached upon the Government land used by these Petitioners and other villagers as Road which also stand recorded as such. It is his submission that in view of such illegal encroachment of the portion of the road by the Opposite Party Nos. 5 to 10, these Petitioners as well as other villagers are facing great hardship and inconvenience. It is further submitted that in this connection, although an application has been submitted before the Opposite Party No. 4 to take suitable action in accordance with law, as yet no such response has come nor any action has been taken.

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Learned counsel for the State does not dispute the position that these lands as per the record of right stand in the name of the State under kisam ‘Road’. He further submits that in case any such application inviting the attention of the Opposite Party No. 4 to the alleged encroachment of the portion of the said road by the

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Opposite Party Nos. 5 to 10 is still pending, the Opposite Party No. 4 would consider the same for further appropriate action in the matter in accordance with law.

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Considering the submissions made and on going through the petition averments as also the documents annexed thereto, this writ application stands disposed of granting liberty to the Petitioner to initiate proceeding under section 133 of the Cr.P.C. or any other duly constituted proceeding seeking appropriate relief before the Competent Forum as available under law for removal of the public nuisance as they allege to have been caused by way of illegal encroachment of the village road by the Opposite Party Nos. 5 to 10.

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It is, however, made clear that this order shall in no way cause any impediment for the Opposite Party No. 4- Tahasildar, Khaira to consider the application as at Annexure-5, if so pending in its proper perspective for further appropriate action in the matter in accordance with law.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March,

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2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

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…………………….. D. Dash, J.

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Narayan

Prabhakar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prabhakar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

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