Partly allowed

Sucheta Krupalini Swagatika Samal v. State of Odisha

Orissa HC9 Apr 2021WP(C)/7482/2021

Case brief

AI extract

What is this about?

Writ petition seeking direction to Tahasildar to settle encroached land. Court granted liberty to petitioner to file written response in pending encroachment case regarding settlement eligibility under Section 8A of OPLE Act, considering COVID restrictions.

What did the court decide?

Liberty granted to petitioner to file written response in connection with Encroachment Case No. 156 of 2020 before Opposite Party No. 2, provided the case is still pending.

Sucheta Krupalini Swagatika Samal Vs State of Odisha — Land Acquisition | Orissa HC (2021)

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W.P.(C) NO. 7482 OF 2021

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02. 09.04.2021

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The matter is taken up by video conferencing mode.

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The Petitioner by filing this writ application has prayed for a direction to Opposite Party No.2-Tahasildar, Remuna to settle the land appertaining to Plot No.896, Khata No.409, area Ac.0.04 decimals in mouza Balia in the district of Balasore.

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Learned counsel for the Petitioner submits that this Petitioner being a poor and landless person has been in occupation of the land in question for last so many years. He further submits that despite initiation of Encroachment cases against her, she is continuing to possess the same and having constructed her residential house over it is residing there with family. It is further submitted that presently Encroachment Case No.156 of 2020 is pending before the Opposite Party No.2 as under Annexure-2.

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Learned Additional Government Advocate submits that in the case, the said Encroachment case is pending, it would be open for the Petitioner to file her reply to the notice under Annexure-2, seeking the settlement of the land in question in accordance with the provisions of Section-8A of the OPLE Act for its consideration subject to the satisfaction of the Opposite Party No.2 as regards the eligibility criterias as well as the other aspect as to if the land in question if so settlable the eligibility criterias.

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Considering the submissions made and on going through the averments taken in the petition as also the documents

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= 2 =

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annexed thereto; further taking into account the specific grievance of the Petitioner as has been raised, this writ application stands disposed of granting liberty to the Petitioner to file her response in writing before the Opposite Party No.2Tahasildar, Remuna in connection with Encroachment Case No.156 of 2020, provided the same is still pending, for its consideration in proper perspective and disposal in accordance with law.

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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 25^th March, 2020.

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……………………..

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D. Dash, J.

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Narayan

Sucheta Krupalini Swagatika Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sucheta Krupalini Swagatika Samal v. State of Odisha

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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