Villager sought a writ direction to the Tahasildar, Aul to initiate proceedings for removal of encroachment from government land and a public road. The Court held this was an inter-se dispute between villagers, declined to entertain it, dismissed the writ petition and imposed Rs.1,000 cost on petitioner's counsel.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14989 of 2024
Nakula Parida
…. Petitioner Represented By Adv. Mr. P. K. Satapathy
-versus-
State of Odisha & Ors.
Opposite Parties Represented By ASC Mr. Sonak Mishra
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order
03.09.2024
No.
1 . This matter is taken up through hybrid arrangement.
2 . The Petitioner has filed this Writ Petition seeking a direction from this Court to the Opposite Party No.4/Tahasildar, Aul, District-Kendrapara to initiate the proceeding for removal of the unauthorized encroachment from the government land bearing Khata No.559, Plot No.113, 122, 124 and 342 and Plot No.331 under Khata No.560, Mouza-Kanarpur, Aul, Tahasil.
3 . Heard learned counsel for the Parties.
4 . Learned counsel for the Petitioner submits that though the Petitioner/Villager of the Kanarpur village submitted
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grievance application before the Opposite Party No.4/Tahasildar, Aul, District-Kendrapara for unauthorized encroachment by the encroachers over the said land, the Opposite Party No.4/Tahasildar, Aul, District-Kendrapara is not taking any steps to remove the encroachers from the public road.
5. Considering the facts and circumstances narrated and since this is an inter-se dispute between the Villagers, this Court is not inclined to entertain such kind of disputes.
6. Accordingly, the Writ Petition is dismissed.
7. A cost of Rs.1,000/- is imposed on learned counsel for the Petitioner for unnecessarily wasting the time of this Court. The amount shall be paid to the Odisha High Court Bar Association for purchasing of books for Library.
(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 19:37:28
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1 issue framed by the court
Whether the Court should direct the Tahasildar to remove unauthorized encroachment from government land in Kanarpur village.
Nakula Parida
State of Odisha & Ors.
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
