Petitioner challenged an eviction notice in Encroachment Case No.40/23 and sought disposal of a pending public petition over alleged erroneous land measurement. The court directed him to approach the Tahasildar with the order; the Tahasildar was to dispose of the petition within a month, measure the land, and evict encroachers if any, per law.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14857 of 2024
Shyamsundar Sahoo
…. Petitioner
Represented By Adv. Mr. P. K. Rath(1)
-versus-
…. State of Odisha & Ors. Opposite Parties Represented By AGA Mr. D. Mund
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order No.
05.09.2024
1 . This matter is taken up through hybrid arrangement.
2 . In filing the Writ Petition, the Petitioner challenges the notice of eviction in P.R. No.239/24, Encroachment Case No.40/23 under Annexure-5. He further seeks a direction
from this Court to the Opposite Party No.4/Tahasildar, Mahanga, District-Cuttack for consideration of the public petition submitted before the Opposite Party No.4/Tahasildar, Mahanga, District-Cuttack under Annexure-8.
3. Heard learned counsels for the Parties.
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4. Learned counsel for the Petitioner submits that the Petitioner is a Sikkim tenant and has a sole residential house which is situated in Mouza-Chaka Madhupur, Khata No.4-22, Plot No.445, comprising an area of Ac.0.11 dec. But erroneously, the Opposite Parties shown it as Ac.0.02 dec.(encroachment area) out of Ac.0.36 dec. in Plot No.438, Khata No.296 having the Kisam-Gharabari in the district of Cuttack.
5. He further submits that the Opposite Party No.4/Tahasildar, Mahanga, District-Cuttack issued a public notice on 13.11.2023 for compliance of the order dated 22.12.2022 passed in W.P.(C) No.12431 of 2019. Accordingly, the Amin started a Demarcation Proceeding Case No.1-21/23. Without proper enquiry, the said Amin submitted a report on 04.12.2023 in respect of the case land. As the the per report, Opposite Party No.4/Tahasildar, Mahanga, District-Cuttack issued impugned notice in P.R. No.239/24, Encroachment Case No.40/23 to the Petitioner fixing date 07.02.2024 to appear and file reply to the show cause.
6. The grievance of the Petitioner is that the public Petition dated 15.05.2024 is pending before the Opposite Party No.4/Tahasildar, Mahanga, District-Cuttack.
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7. Considering the facts and submissions made, the Petitioner is directed to approach the Opposite Party No.4/Tahasildar, Mahanga, District-Cuttack along with a copy of this order within a period of one week from today. The Opposite Party No.4/Tahasildar, Mahanga, District-Cuttack shall dispose of public petition filed by the present Petitioner under Annexure-8 within a period of one month thereafter. Further, the Opposite Party No.4/Tahasildar, Mahanga, District-Cuttack shall take appropriate steps for measurement of the land in question and evict the encroachers if any encroachment is there in accordance with law.
8. It is directed that if the Petitioner is aggrieved by any order, he is at liberty to approach appropriate forum ventilating his grievance.
9. Accordingly, the Writ Petition is disposed of.
(Dr. S.K. Panigrahi) Judge
Sumitra
Signature Not Verified
Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Sep-2024 19:42:38
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1 issue framed by the court
Whether the Tahasildar should dispose of the petitioner's pending public petition regarding the erroneous demarcation and eviction notice.
Shyamsundar Sahoo
State of Odisha & Ors.
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
