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Sidheswar Barik v. State of Odisha

Orissa HC20 Jul 2023WP(C)/20886/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging unauthorized encroachment on government land. It directed the respondent authority to examine the petitioner's representation, hold an enquiry with due hearing to the parties, and dispose of the matter within six weeks.

What did the court decide?

Direction to Opposite Party No.3 to examine the representation, conduct enquiry with hearing, and take action within six weeks.

Sidheswar Barik Vs State of Odisha — Landlord and Tenant | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.20886 of 2023

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Sidheswar Barik

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…. Petitioner

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Mr.B.K. Swain, Advocate

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-Versus-

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State of Odisha& Others

…. Opposite Parties

Mr. P.K. Rout, AGA

CORAM:

MR. JUSTICER.K. PATTANAIK

ORDER

20.07.2023

Order No.

Heard, Learned counsel for the petitioner and Mr. Rout, learned AGA for the State opposite party Nos.1 to 3.

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Instant writ petition is filed by the petitioner for a direction to the opposite parties and particularly, opposite party No.2 to remove the unauthorized encroachment put up by opposite party Nos.4 to 6 over the Government land by considering the representation dated 25^th April, 2023 vide Annexure-3 within a stipulated period of time.

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Learned counsel for the petitioner submits that opposite party Nos.4 to 6 are in unauthorized occupation of the schedule land, which is a Government plot owned by opposite party No.1 and the same is recorded with the Kissam ‘Abadi Jogya Anabadi’. It is further submitted that despite a representation submitted to opposite party No.3, no action has been taken thereon. It is, therefore, submitted that necessary direction may be issued to opposite party No.3 in particular to ensure removal of the encroachment by opposite party Nos.4 to 6 within a time line fixed by the Court.

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Page 1 of 2

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Mr. Rout, learned AGA for the State opposite party Nos.1 to 3 submits that as encroachment is alleged against opposite party Nos.4 to 6 and in the meantime, the petitioner has approached the authority concerned with a representation under Annexure-3, if the Court is inclined, necessary order may perhaps be passed for its disposal according to law.

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Considering the fact that the petitioner alleges encroachment by the private opposite parties and in that regard, he has already approached opposite party No.3 vide Annexure-3 and since, it is claimed that no action has been taken thereon, the Court is of the considered view that a direction is required to be issued to opposite part No.3 to do the needful and after enquiry if encroachment is revealed, to take action in accordance with law, which would serve the purpose for the present.

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Hence, it is ordered.

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In the result, the writ petition stands disposed of with the direction to opposite party No.3 to consider and examine the representation as at Annexure-3 submitted by the petitioner and to pass appropriate order as per and in accordance with law after providing opportunity of hearing to the petitioner as well as the alleged encroachers, namely, opposite parties Nos.4 to 6 and to take necessary action thereafter and to complete the entire exercise preferably within a period of six weeks from the date of receipt of a copy of this order.

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A certified copy of this order be granted as per rules.

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior StenographerRojina Reason: Authentication Location: OHC, CTC Date: 21-Jul-2023 18:23:21

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Page 2 of 2

Sidheswar Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sidheswar Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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