Disposed

Ghanashyam Jena v. State of Odisha

Orissa HC21 Jul 2023WP(C)/7544/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to the respondent authority to evict encroachers from specific Government land plots. The Court, upon hearing counsel, directed the authority to act on a prior instruction and ensure eviction within six weeks, disposing of the petition.

What did the court decide?

Directed opposite party No. 4 to ensure eviction of alleged encroachers from Government land within six weeks of receipt of this order.

Ghanashyam Jena Vs State of Odisha — Writ and Judicial Review | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.7544 of 2023

¶3

Ghanashyam Jena

¶4

…. Petitioner

¶5

Mr. Niranjan Panda, Advocate

¶6

-Versus-

¶7

State of Odisha & Others

…. Opposite Parties

Ms. S. Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

Order No.

ORDER
21.07.2023

Heard Mr. Panda, learned counsel for the petitioner and Ms. Mishra, learned ASC for the State-opposite party No. 1 to 5.

¶16

No notices are issued to opposite party Nos.6 to 8 since the matter is disposed of at the stage of admission.

¶17

Instant writ petition is filed by the petitioner for a direction to the opposite parties and particularly, opposite party No.4 to ensure eviction of private opposite parties from the Government land in Khata No.379 in respect of Plot No. 644 and such other plots of the concerned Mouza under the Tahasil of Bonth in the district of Bhadrak on the grounds stated therein.

¶18

Mr. Panda, learned counsel for the petitioner refers to Annexure-4, a letter addressed to opposite party No.4 by opposite party No.2 for taking necessary action with regard to the complaint received from the petitioner and other villagers but there has been no action taken till date and hence, necessary direction is required to be issued.

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Page 1 of 2

¶20

Ms. Mishra, learned ASC for the State-opposite party Nos. 1 to 5 submits that since a direction is already issued to opposite party No.4, if the Court is inclined, an order may perhaps be passed in that regard for taking action against the alleged encroachers.

¶21

Considering the submissions of the learned counsel for the respective parties and letter of opposite party No.2 received by opposite party No.4 vide Annexure-4, the Court is of the view that since the encroachment is alleged against opposite party Nos. 6 to 8, opposite party No.4 is required to be issued a direction to consider the same and take decision according to law.

¶22

Hence, it is ordered.

¶23

In the result, the writ petition stands disposed of with a direction to opposite party No.4 to act upon the instruction received from opposite party No.2 under Annexure-4 and to ensure eviction of the alleged encroachers as soon as possible preferably within a period of six weeks from the date of receipt of a copy of this order.

¶24

Urgent copy of this order be issued as per rules.

¶25

Signature Not Verified

¶26

Digitally Signed Signed by: BALARAM BEHERA Designation: Senior Stenographer Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 22-Jul-2023 13:57:30

¶27

Page 2 of 2

Ghanashyam Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ghanashyam Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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