High Court disposed of a writ petition filed regarding a pending OPLE encroachment proceeding and requests for land settlement, instructing the authority to consider the petitioner's request independently.
The petition was disposed of with an observation to the authority to consider the petitioner's request independently.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) NO.27054 OF 2020
Sunanda Samal
Petitioner
Mr.P.K.Kar, Adv.
-versus-
Tahasildar, Mahakalapada
…. Opposite Party(s)
Mr.R.P.Mohapatra, AGA
CORAM: JUSTICE BISWANATH RATH
Order No.
ORDER 25.3.2022
settlement of land involved. While objecting initiation of the Encroachment Proceeding bearing E.C. No.5859/2018-19, the
Petitioner also requested, vide Annexure-3 for settlement of the land. There is no information from the side of the Petitioner as to finality of the Encroachment Proceeding and even if any decision taken
involving Annexure-2 and/or Annexure-3 in the meantime.
taken up for admission in March, 2022, this Court observes, in the
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event the Encroachment Proceeding bearing E.C. No.5859/2018-19 is still pending and the Applications, vide Annexure-2 & 3 are filed in the pendency of such Proceeding, while finding the OPLE Proceeding involved, the Authority may consider the request of the Petitioner and pass order, as appropriate. It is clarified that this Court has not expressed any opinion on either side and an independent decision has to be taken.
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1 issue framed by the court
Whether the court should express an opinion on the pending encroachment proceeding and the petitioner's request for settlement of land.
Sunanda Samal
Tahasildar, Mahakalapada
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
