Disposed

Gunanidhi Bhartia v. Govt. of Odisha

Orissa HC19 Jul 2023WP(C)/21275/2023

Case brief

AI extract

What is this about?

On a petition challenging an illegal fencing of land, the Court disposed of the writ petition after directing the opposite party to examine the pending grievance petition before taking any final action.

What did the court decide?

Directed opposite party No.4 to consider the grievance petition (Annexure-3) and pass a final order within six weeks after providing an opportunity to the petitioners.

Gunanidhi Bhartia Vs Govt. 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.21275 of 2023

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GunanidhiBhartia&Others

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…. Petitioners

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Mr.Dhananjaya Nayak, Advocate

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-Versus-

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State of Odisha& Others

…. Opposite Parties

Mr.YSP Babu, AGA

CORAM:

MR. JUSTICER.K. PATTANAIK

Order No.

ORDER 19.07.2023

Heard learned counsel for the petitioners and Mr. Babu learned AGA for the State-opposite parties.

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Instant writ petition is filed by the petitioners for a direction

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to opposite party No.4 to remove the illegally surrounded boundary/fence on the schedule land covering plot Nos.1090 &1083 and Khata Nos.512 & 444 situate in Mouza Behera of the Tahasil in question on the grounds stated therein.

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Learned counsel for the petitioners submits that the petitioners are in possession of the schedule land for more than thirty years and in so far as the kisam of the said land is concerned, it is ‘Gharabari’ and no more ‘Gochar’. It is further submitted that without considering the grievance of the petitioners and the fact that all of them are in occupation of the schedule land for quite long, such an action has been taken by opposite party No.4 for having surrounded the land in question by a boundary, which is

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arbitrary, unjust and illegaland hence, to be interfered with in the interest of justice. At the same time, it is claimed that the grievance petition under Annexure-3 has been submitted to opposite party No.4 but nofinal order has been passed thereon.

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In response to above, Mr. Babu, learned AGA for the State opposite parties submits that the grievance of the petitioners may be examined in view of the representation under Annexure-3 and if the Court is inclined, necessary order may perhaps be passed in that regard.

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While claiming the possession of the schedule land by the petitioners with kisam ‘Gharabari’, learned counsel appearing for them refers to copies of the record of rights as at Anenxure-1 series supportedby copies of the photographs at Annexure-2. It is claimed that the petitioners are in long possession of the schedule land and recently opposite party No.4has taken the impugned action and surrounded the entire land by a boundary/fence. Without expressing anything on merits of the claim of the petitioners as to if the schedule land may be settled with them or otherwise, the Court is of the considered view that as in the meantime, they have approached opposite party No.4 with their grievance under Annexure-3, the same should be examined according to law before any further action is contemplated which would serve the purpose and advance the cause of justice.

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6. Accordingly, it is ordered.

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In the result, the writ petition stands disposed of with a direction to opposite party No.4to consider and examine the grievance petition as at Annexure-3 and thereafter, to pass a final order with the opportunity provided to the petitioners of

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participation and then to take a call as to if the action is justified and in accordance with law 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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(R.K. Pattanaik) Judge

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Kabita/Roji

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Signature Not Verified

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Digitally Signed Signed by: KABITARANI MAJHI Designation: Secretary Reason: Authentication Location: OHC, Cuttack Date: 20-Jul-2023 19:56:43

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Gunanidhi Bhartia v. Govt. of Odisha

Case brief

What is this about?

What did the court decide?

Gunanidhi Bhartia v. Govt. of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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