Partly allowed

Padmalochan Behera v. the Collector, Balasore

Orissa HC24 Jun 2021WP(C)/12408/2021

Case brief

AI extract

What is this about?

This court granted a conditional stay on coercive action regarding an order of encroachment removal, contingent upon the petitioner filing an appeal before the Sub-Collector within three weeks, while dismissing reliance on a pending consolidation case.

What did the court decide?

Conditional stay on coercive action; direction to file appeal before Sub-Collector within three weeks.

Padmalochan Behera Vs the Collector… — Constitutional and Fundamental Rights | Orissa HC (2021)

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W.P.(C) NO.12408 OF 2021

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24.06.2021

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This matter is taken up by virtual mode. Heard.

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Against the impugned order of removal of encroachment passed by the Tahasildar, Oupada, the petitioner has filed this writ application on the ground that, encroachment is being removed, when R.P. Case No.213 of 2020 is pending before the Addl. Commissioner of Consolidation & Settlement, Balasore.

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From the record of the case, it is found that, there is no date mentioned below the verification of the revision petition. Successive notices have been issued to the petitioner by the Office of the Tahasildar, Oupada on different dates in 2020 and thereafter, the impugned order for removal of encroachment has been passed.

¶6

According to law, the petitioner is obliged to file appeal before the Sub-Collector against the order of removal of encroachment in a duly constituted encroachment proceeding. On the ground that, the R.P. Case is pending, no relief can be granted to the petitioner, when it is not known whether filing of R.P. Case is a step taken by the petitioner with an avowed and oblique motive.

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The petitioner, if so advised, may file appeal before the competent Sub-Collector within three weeks from today. If such appeal is filed, the delay in filing the appeal may be condoned, taking a liberal view of the matter.

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Till filing of the appeal or for a period of two months from today whichever is earlier, no coercive action shall be taken against the petitioner. With the aforesaid observation, the writ application is disposed of.

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

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………………………….

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C.R. Dash, J.

¶12

Subha

Padmalochan Behera v. the Collector, Balasore

Case brief

What is this about?

What did the court decide?

Padmalochan Behera v. the Collector, Balasore

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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