Writ petition sought to quash proposed demolition/eviction from government land and settlement of the land based on adverse possession under OGLS Act, 1962. Government counsel stated the settlement prayer was already decided in R.P. Case No. 461 of 2014; the court disposed of the petition as relief stood granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 10041 of 2014
Dasharathi Naik
….. Petitioner
Mr. Biraja Pr. Das, Advocate
Vs.
Sub-collector, Sundargarh & …... Others
Opposite Parties
Mr. L. Samantaray, AGA
CORAM:
ACTING CHIEF JUSTICE DR. B.R.SARANGI MR.JUSTICE MURAHARI SRI RAMAN
ORDER
06.02.2024
Order No.
This matter is taken up through hybrid mode.
prayer:“xxxx xxxx xxxx I) declare the proposed action of the O.P.No.3, Executive Engg., PWD, Sundargarh for demolition of structure and eviction of the petitioner from the case land, Hal Plot No.543 pertaining to Hal Khata No.239 as illegal, arbitrary and is otherwise bad-in-law and in as much as not consonance with the provisions of OPLE Act. II) To direct the O.P. No.2, Tahasildar, Sundargarh to settle the case land, Hal Plot No.543 pertaining to Hal Khata No.239 corresponding to Sabik Hal Plot No.881 (P) of Sabik Khata No.308 of area Ac.0.140 dec. under Patrapali Mouza of Sundergarh Tahasil as the petitioner is in continuous peaceful possession over the case land in the knowledge of the true owner by perfecting his right, title and interest in the way of adverse possession as the nature of the land is Settleable, Transferable and Heritable as defined under Section 3(4)(c) of OGLS Act, 1962.”
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(DR. B.R. SARANGI) ACTING CHIEF JUSTICE
(M.S. RAMAN)
JUDGE
Aswini/Suchitra
Signature Not Verified
Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA(SECRETARY-IN-CHARGE) Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 07-Feb-2024 21:20:32
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2 provisions across 2 enactments
Dasharathi Naik
Sub-collector, Sundargarh
B.R. Sarangi
Murahari Sri Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
