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Pradeep Kumar Meher Vs State of Odisha — Property and Title | Orissa HC (2021)

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Orissa HC
2021
Pradeep Kumar Meher Vs State of OdishaPradeep Kumar Meher v. State of Odisha

Disposed

Pradeep Kumar Meher v. State of Odisha

Orissa HC10 Dec 2021WP(C)/31770/2021

Case brief

AI extract

What is this about?

This order allows the petitioner to apply for land settlement under Section 8-A of the Orissa Prevention of Land Encroachment Act, 1972. The court directs a status quo pending the authority's decision within six weeks, ensuring it remains effective if the authority is unable to act expeditiously.

What did the court decide?

Status quo maintained for three weeks or until the authority deals with the application expeditiously; petitioner directed to apply within two weeks.

What the court decided

AI extract

Outcome

Status quo maintained for three weeks or until the authority deals with the application expeditiously; petitioner directed to apply within two weeks.

Issue for consideration

Whether a status quo is to be maintained while the petitioner applies for settlement of land under Section 8-A of the Orissa Prevention of Land Encroachment Act, 1972.

Detailed headnote1 paragraphs

The High Court disposed of the writ petition by prescribing a procedure for the petitioner to apply for land settlement under Section 8-A of the Orissa Prevention of Land Encroachment Act, 1972. A status quo was ordered to prevail until the authority decides on the application or the petitioner applies within the stipulated timeline. The petition was subsequently dismissed.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31770 of 2021 (Through hybrid mode)

Pradeep Kumar Meher and another …. Petitioners

Mr. D.Mohanty, Advocate

-versus-

State of Odisha and others

…. Opposite Parties

Mr. Y.S.P. Babu,AGA

CORAM: JUSTICE ARINDAM SINHA

ORDER

Order No.

10.12.2021

Mr. Mohanty, learned advocate, appears on behalf of petitioners and submits, his clients have been in possession of land for more than 60 years. Under section 8-A of the Orissa Prevention of Land Encroachment Act, 1972, his clients are entitled to apply for settlement of the land in their favour. His clients will apply. In the meantime there be status quo.

Mr. Babu, learned advocate, Additional Government Advocate appears on behalf of State and submits, the land is vacant as not occupied by any person. This is his instruction.

Petitioner will forthwith and not later than two weeks from date, apply to concerned authority for settlement of the land. Said authority will within expiry of six weeks from date either cause the

Page 1 of 2

// 2 //

settlement or give reasons to petitioners, as to why their claim stands rejected.

There will be order of status quo till after three weeks from date of decision of the concerned authority, if it is on rejection. It is made clear that in event petitioners apply within time directed above and concerned authority is unable to deal with the application expeditiously, order of status quo will continue to survive.

The writ petition is disposed of.

Prasant

(Arindam Sinha)
Judge

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a status quo is to be maintained while the petitioner applies for settlement of land under Section 8-A of the Orissa Prevention of Land Encroachment Act, 1972.

Statutes considered

1 provisions across 1 enactments

AI extract

Orissa Prevention of Land Encroachment Act8-A

Parties & counsel

AI extract

petitioner
Pradeep Kumar Meher
petitioner
another
respondent
State of Odisha

Coram

AI extract

Arindam Sinha

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 10 Dec 2021 · December
Registered: 7 Oct 2021
Case no.: WP(C)/31770/2021
CNR: ODHC010682752021
Topic: Property and Title
Bench: Arindam Sinha
Disposal: Disposed Off

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Cite this judgement

Pradeep Kumar Meher v. State of Odisha, WP(C)/31770/2021 (OD), decided on 10 December 2021.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Orissa Prevention of Land Encroachment Act8-A

View all statutes

Bench / Coram

Arindam Sinha

Parties & counsel