Writ petition challenged eviction notices in Form 'KA' and 'KHA' under an encroachment case over government land. The Court directed the petitioner to file a statutory appeal before the Appellate Authority/Sub-Collector within fifteen days and restrained coercive action until then, disposing of the writ petition.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.21415 of 2024
Brahmananda Sahoo
…. Petitioner Represented By Adv. Mr. Rajesh Ranjan 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 . In filing this Writ Petition, the Petitioner challenges the notice of eviction dated 08.08.2024 and 16.08.2024 in Form ‘KA’ and ‘KHA’ vide Encroachment Case No.101/2024 from the Plot No.1633, Khata No.358 situates under Mouza-Sasapasi, Tahasil-Kankadahad, DistrictDhenkanal issued by the Opposite Party No.4/Tahasildar, Kankadahad, District-Dhenkanal.
3 . Heard learned counsel for the Parties.
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4 . Learned counsel for the Petitioner submits that the land in Plot No.1633, Khata No.358 situates under Mouza-Sasapasi, Tahasil-Kankadahad, DistrictDhenkanal is recorded in the name of government. The Petitioner has constructed a shop of an area of Ac.0.015 dec. out of total area Ac.0.50 dec. Suddenly, on 08.08.2024, the Opposite Party No.4/Tahasildar, Kankadahad, District-Dhenkanal issued Form ‘KA’ to the Petitioner seeking show cause regarding the illegal encroachment made over the government land. On 16.08.2024, the Petitioner sought time to file reply to the show cause. But the Opposite Party No.4/Tahasildar, Kankadahad, District-Dhenkanal issued Form ‘KHA’ without giving opportunity of hearing to the Petitioner. Hence, the Petitioner is constrained to approach this Court.
5 . Considering the facts and submissions made, the Petitioner is directed to approach the Appellate Authority/Sub-Collector by filing an appeal under Section 12(1) of the Odisha Prevention of Land Encroachment Act, 1972 within a period of fifteen days
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from the date of presentation of an authenticated copy of this order.
6. It is directed that no coercive action shall be taken against the Petitioner till the case is taken up by the Appellate Authority/Sub-Collector.
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 16:40:05
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1 issue framed by the court
Whether the Tahasildar's Form 'KHA' eviction order issued without hearing could be challenged in writ or whether the petitioner must pursue the statutory appeal under Section 12(1).
1 provisions across 1 enactments
Brahmananda 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
