Disposed¶21

Santosh Kumar Agrawal v. State of Odisha

Orissa HC12 Sept 2024WP(C)/20312/2024

Case brief

AI extract

What is this about?

Government land encroachment; direction to Tahasildar, Rajnagar for eviction of unauthorized encroachers as per law; pre-eviction opportunity of hearing; inquiry report noting 24 encroachments on plot No.139; no encroachment case instituted under OPLE Act, 1972; Form-G; W.P.(C) No.20312 of 2024; High Court of Orissa at Cuttack; disposed 12.09.2024 by Dr. Justice S.K. Panigrahi.

What did the court decide?

Direction to the Tahasildar, Rajnagar to take necessary steps for eviction of the unauthorized encroachers from the Government land as per law forthwith, if there is no other legal impediment, with a prior proper opportunity of hearing to the encroachers before any steps for eviction. ¶21

Santosh Kumar Agrawal 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.20312 of 2024

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Santosh Kumar Agrawal …. Petitioner(s)

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Mr. Lalitendu Mishra, Adv.

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-versus-

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State of Odisha & Ors. …. Opposite Parties Mr. Sonak Mishra, ASC

CORAM:

Order No.

DR. JUSTICE S.K. PANIGRAHI ORDER

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12.09.2024

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1 . This matter is taken up through hybrid arrangement.

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2 . In filing this Writ Petition, the Petitioner has sought for a direction from this Court to the Opposite Parties for clearing the unauthorized encroachment over the Government land/road.

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3. Pursuant to the order dated 30.08.2024 passed by this Court learned counsel for the State submits the inquiry report prepared by the Tahasildar, Rajnagar.

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4. Looking to the inquiry report, it appears that the said report has been prepared in presence of the Revenue Supervisor, Rajnagar, Revenue Inspector, Talchua and concerned Amin. The relevant portion of the said inquiry report is extracted herein below:-

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“xxx xxx xxx xxx Signature Not Verified During enquiry, it is revealed that the above Digitally SignedSigned by: AYASKANTA JENA mentioned govt. land is situated in front of the Designation: Personal Assistant Reason: Authentication sthitiban plot No.145/419 & 145/419/897 which Location: High Court of OrissaDate: 12-Sep-2024 17:10:07 stands recorded in the name of Prakash Chandra Agrawal S/o Madanlal Agrawal of village Bintara PS, Chandabali, Dist.-Bhadrak. In the above govt.

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Page 1 of 2

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plot No.139, there are 24 nos. of unauthorized encroachments have been made by different persons by constructing house/cabin for the purpose of business (details of encroachment is enclosed in separate sheet). On verification of records, it is found that no encroachment case has been instituted under OPLE Act, 1972 against any unauthorized occupant on the above mentioned govt. land till date. The Revenue Inspector present during the enquiry is directed to submit Form-G (as per OPLE Act/Rules) for institution of encroachment cases against the unauthorized occupants and action will be taken following the provision of OPLE Act/Rules.”

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5. Looking to the above inquiry report, this Court directs

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the Tahasildar, Rajnagar to take necessary steps for eviction of the unauthorized encroachers from the Government land in question as per law forthwith, if there is no other legal impediment. It is further directed that prior to taking any steps for eviction, the Tahasildar, Bahalda shall provide proper opportunity of hearing to the unauthorized encroachers.

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6. This Writ Petition is, accordingly, disposed of.

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(Dr. S.K. Panigrahi) Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Sep-2024 17:10:07

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Santosh Kumar Agrawal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar Agrawal 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

Statutes considered

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Coram

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