Disposed¶26

Manjulata Nayak v. State of Odisha

Orissa HC4 Sept 2024WP(C)/19241/2024

Case brief

AI extract

What is this about?

Keywords: eviction from Government land; forcible occupation of common passage; violation of homestead lease condition; representation pending before Tahasildar, Simulia; State report/instruction letter dated 30.08.2024; Plot No.257/1310, Khata No.332/208, Ac.0.08 dec., Kisam-Gharabari; Tahasil Simulia, district Balsore; writ direction to revenue authority to evict encroacher within one month; Manjulata Nayak v. State of Odisha & Ors.; W.P.(C) No. 19241 of 2024; writ petition disposed of.

What did the court decide?

Direction to the Tahasildar, Simulia to evict Opposite Party No.4 from the Government land in question as per his report dated 30.08.2024, with the entire exercise to be completed within one month. ¶26

Manjulata Nayak Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 19241 of 2024

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Manjulata Nayak

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..…... Petitioner(s)

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Mr. J.K. Khuntia, Adv.

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-Versus-

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State of Odisha & Ors. ………. Opposite Parties

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Mr. Gyanaranjan Mohapatra, ASC

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

04.09.2024

Order No.

This matter is taken up through hybrid arrangement.

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Heard learned counsel for the parties.

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The Petitioner has filed this Writ Petition seeking a direction from this Court to the Opposite Party No.3 to take steps to evict the Opposite Party No.4 from the Government land.

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Learned counsel for the Petitioner submits that the Petitioner is the owner of Plot No.257/1310 of Khata No.332/208 measuring an area of Ac.0.08 dec. Kisam-Gharabari under Tahasil, Simulia in the district of Balsore. The Petitioner has constructed her residential house over Plot No.257/1310. The Opposite Party No.4 has

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forcefully occupied the Government land adjacent to the said land, Signature Not Verified

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Digitally Signed

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Signed by: LITARAM MURMUDesignation: Personal Assistantwhich is being used as common passage to the main road. Hence, Reason: Authentication Location: High Court of Orissa Cuttack Date: 11-Sep-2024 16:48:13 the Petitioner has filed a representation before the Tahasildar,

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Simulia to evict the Opposite Party No.4, which is still pending.

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As per the instruction received by the learned counsel for the State vide letter dated 30.08.2024 wherein it has been clearly mentioned that the Opposite Party No.4 has obstructed the land in question and he is utilizing the land violating the lease condition which was settled for homestead purpose.

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In such view of the matter, the Tahasildar, Simulia is directed to evict the Opposite Party No.4 from the land in question as per report submitted by him on 30.08.2024. The entire exercise be completed within one month from today.

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Accordingly, the Writ Petition is disposed of.

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( Dr. S.K. Panigrahi)

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Judge

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Murmu

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 11-Sep-2024 16:48:13

Manjulata Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manjulata Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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