Nabakishore Malik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Nabakishore Malik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to approach the Tahasildar, Aul with an authenticated copy of the order within ten days; the Tahasildar to enquire and, if encroachment is found, to evict the encroachers within three months in accordance with law.

Issue for consideration

Whether the Opposite Party No.3/Tahasildar, Aul, District-Kendrapara should be compelled to evict the encroachers, including Opposite Party Nos.4 to 22, from Plot Nos.180, 179, 178 and 850 and certain other plots, Khata No.407, Mouza Balakati, Tahasil Aul, district Kendrapara, and to carry out his/her order dated 27.03.2023 passed in Misc. Case No.2/2023 (Annexure-1).

Court's answer

This Court directed the petitioner to approach the Opposite Party No.3/Tahasildar, Aul, District-Kendrapara along with a copy of this order within a period of ten days from the date of presentation of an authenticated copy of the order.

Ratio / Principle

The Opposite Party No.3/Tahasildar, Aul, District-Kendrapara was directed to make an enquiry and, if he/she finds that there is encroachment by the encroachers, to take immediate steps to evict them within a period of three months thereafter, in accordance with law.

Detailed headnote1 paragraphs

Land encroachment – Mandamus to executing authority – Petitioner sought eviction of encroachers, including Opposite Party Nos.4 to 22, from Plot Nos.180, 179, 178, 850 and other plots, Khata No.407, Mouza Balakati, Tahasil Aul, district Kendrapara, and implementation of the Tahasildar's own order dated 27.03.2023 in Misc. Case No.2/2023 (which had directed the R.I., Atal to submit information in statutory Form-G against the encroachers), issued after this Court's PIL order of 02.12.2022 (W.P.(C) (PIL) No.32357/2022); the Tahasildar had also ignored a fresh representation of 23.09.2023. The Court did not itself direct eviction outright; it disposed of the writ petition by a two-step remedy: the petitioner is to approach the Tahasildar within ten days presenting an authenticated copy of this order, and the Tahasildar is then to hold an enquiry and, if encroachment is found, evict the encroachers within three months thereafter in accordance with law. (Single-member bench: Dr. Justice S.K. Panigrahi; order dated 04.09.2024.)

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.19054 of 2024

Nabakishor Malik

…. Petitioner

Represented By Adv. Mr. Ashok Kumar Sahoo

-versus-

State of Odisha & Ors.

Opposite Parties Represented By AGA Mr. D. Mund

CORAM:

DR. JUSTICE S.K. PANIGRAHI

ORDER

Order No.

04.09.2024

1 . This matter is taken up through hybrid arrangement.

2 . The Petitioner has filed this Writ Petition challenging the action of the Opposite Party No.3/Tahasildar, Aul, District-Kendrapara in not evicting the encroachers including the Opposite Party Nos.4 to 22 from the Plot No.180, 179, 178 and 850 and some other Plots, Khata No.407 of Mouza Balakati under Tahasil Aul in the district of Kendrapara. He further seeks a direction from this Court to the Opposite Party No.3/Tahasildar, Aul, District-Kendrapara to carry out the order dated 27.03.2023 passed by him/her in Misc. Case No.2/2023 by the under Aneexure-1.

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3 . Heard learned counsels for the Parties.

4 . Learned counsel for the Petitioner submits that the Petitioner and some other villagers had filed one W.P.(C) (PIL) No.32357/2022 against the encroachment in Plot No.180, 179, 178, 850 and some other plots, Khata No.407 of Mouza Balakati under Tahasil Aul in the district of Kendrapara. This Court vide order dated 02.12.2022 disposed of the W.P.(C) (PIL) No.32357/2022 directing the W.P.(C) (PIL) No.32357/2022 for disposal of the representation given by the Petitioner. Accordingly, the Opposite Party No.3/Tahasildar, Aul, DistrictKendrapara disposed of the said representation vide order dated 27.03.2023 and passed a direction categorically directing the R.I., Atal to initiate appropriate action by submitting information in statutory Form-G against the encroachers/Opposite Party Nos.4 to 22.

5 . He further submits that on 23.09.2023 the Petitioner submitted representation before the Opposite Party No.3/Tahasildar, Aul, District-Kendrapara by ventilating his grievance. But, no steps have been taken by him. Hence, the Petitioner is constrained to approach this Court.

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6 . Considering the facts and submissions made, the Petitioner is directed to approach the Opposite Party No.3/Tahasildar, Aul, District-Kendrapara along with a copy of this order within a period of ten days from the date of presentation of an authenticated copy of this order. The Opposite Party No.3/Tahasildar, Aul, DistrictKendrapara shall make an enquiry and if he/she finds out that there is encroachment by the encroachers, the Opposite Party No.3/Tahasildar, Aul, DistrictKendrapara shall take immediate steps to evict them within a period of three months thereafter in accordance with law.

7 . 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: 04-Sep-2024 16:40:04

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