A writ petition challenging an eviction order was disposed of after the State counsel submitted that no legal proceedings to dispossess the petitioner had been initiated, even if the land recording was flawed.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.7130 of 2021
Lambodhar Sahu … Petitioner - Versus - State of Odisha & others… Opp. Parties
O R D E R
Heard learned counsel for the petitioner.
This writ petition has been filed by the petitioner challenging the order of eviction passed by the Tahasilddar, Chhendipada to remove the asbestos and rods within seven days from the land in Plot No.6281, 6282, 6283 and 6285 appertaining to Rakhita Khata No.1005 of Mouza-Similisahi in the district of Angul vide Annexure-3 issued in his favour.
It is submitted by the learned counsel for the petitioner that the petitioner is in possession of the said land, which belongs to him but taking advantage of wrong recording of the same in the name of the Government, notice to his brother has been given vide Annexure-3 and the petitioner is going to be evicted therefrom without hearing him.
2
Learned counsel for the State submits that no proceeding has been initiated against the petitioner to dispossess him from the said land.
If that be so, no eviction shall be made from the land in possession of the petitioner, which is the subjectmatter of dispute in the writ petition even if the land has been recorded in the name of the Government without adhering to the due procedure of law.
With the aforesaid order, this writ petition stands disposed of.
Urgent certified copy of this order be granted as
per rules.
…………………..
S.Pujahari, J.
PKS
Lambodhar Sahu
State of Odisha
S. Pujahari
As recorded by the court registry
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