A writ petition seeking quashing of an encroachment order and direction for land settlement. The single-judge court dismissed the petition but granted liberty to the petitioner to file an appeal before the Appellate Authority.
liberty to approach Appellate Authority to assail the order in Encroachment Case RCCMS 4-616 of 2020 by filing Appeal within ten days.
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W.P.(C) No.12475 of 2021
The Petitioner, by filing this writ application, has prayed for quashing the order dated 16.03.2021 passed by the Opposite Party No.3 in Encroachment Case No. RCCMS 4- 616 of 2020 with further prayer to direct the Opposite Party No.2 for settlement of the land in Mouza-Rampur pertaining to Khata No.2195 measuring Ac.0.03 decimal.
Learned counsel for the Petitioner submits that the Petitioner has been in possession of the land in question for more than thirty-seven years and he with his family members are residing there in the house standing thereon. It is further submitted that the Opposite Party No.3 having issued notice to the Petitioner under Annexure-3 to appear before him on 27.11.2020 in Encroachment Case No. RCCMS 4-616 of 2020 so as to have his say in the matter of his possession of the land in question; on the same day the order of eviction having been passed, notice in Form-Kha has been issued and imposed fine has also been collected on that day under threat and coercion. He further submits that the Petitioner being a poor and landless person having approached the Opposite Party Nos.1 and 3 for settlement of the land in question, there has also been no response as yet.
Learned counsel for the State submits that here for the unauthorized possession of the Government land by the Petitioner earlier in the year 1983 and 1993, encroachment
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cases had been instituted and the Petitioner has paid the fine imposed in those cases. He, therefore, submits that the possession of the Petitioner by paying fine has accepted his possession over the land in question as unauthorized.
Considering the submission made and on going through the averments taken in the petition as also the documents annexed thereto; this writ application stands disposed of granting liberty to the Petitioner to approach the Appellate Authority in assailing the order passed in Encroachment Case No. RCCMS 4-616 of 2020 by filing the Appeal. It is further observed that in the event, the Petitioner files the Appeal as above within a period of ten days hence, the Appellate Authority would do well to consider the same and dispose of the same early in accordance with law. It would be open to the Petitioner to seek any interim relief before the Appellate Authority for its consideration in proper prospective and appropriate order in accordance with law, pending disposal of the Appeal.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587 dated 25th March, 2020.
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D. Dash, J.
H
Petitioner
Opposite Party No.2
Opposite Party No.3
D. Dash
As recorded by the court registry
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