Disposed¶23

Pankaj Kumar Singh v. State of Odisha

Orissa HC6 Sept 2024WP(C)/22253/2024

Case brief

AI extract

What is this about?

Odisha HC, Cuttack; W.P.(C) 22253/2024; Pankaj Kumar Singh v. State of Odisha & Ors.; Dr. Justice S.K. Panigrahi; 06.09.2024; disposal of writ petition; land settlement for handicapped and landless person; Khata No.1262; Plot No.2075; Ac.0.02 decimal; Tahasildar Nayagarh; show cause notice dated 22.08.2024; fresh reply to show cause; decision in accordance with law; no coercive action / interim protection from eviction; written statement pending before Tahasildar.

What did the court decide?

Writ Petition disposed of with directions: Petitioner to file a fresh reply to the show cause notice dated 22.08.2024 before the Tahasildar, Nayagarh, who shall then take a decision on the Petitioner's case in accordance with law; no coercive action to be taken against the Petitioner until the Tahasildar takes up the matter. ¶23

Pankaj Kumar Singh Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the Petitioner, a handicapped and landless person who constructed a house of area Ac.0.02 dec. in Khata No.1262 corresponding to Plot No.2075, should be granted settlement of the land in question and whether he should be protected from eviction following the show cause notice dated 22.08.2024 issued by the Tahasildar, Nayagarh.

¶15

Ratio / Principle

The Court directed the Petitioner to approach the Opposite Party No.3/Tahasildar, Nayagarh by filing a fresh reply to the show cause notice dated 22.08.2024, and directed the Tahasildar to take a decision on the Petitioner's case taking into consideration the reply to be filed, in accordance with law.

¶21

Key takeaways

It is directed that no coercive action shall be taken against the Petitioner until the matter is taken up by the Opposite Party No.3/Tahasildar, Nayagarh.ratio¶22

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.22253 of 2024), High Court of Orissa at Cuttack, decided 06.09.2024 (Dr. Justice S.K. Panigrahi): A handicapped and landless petitioner, who constructed a house of Ac.0.02 dec. in Khata No.1262 corresponding to Plot No.2075, sought settlement of the land in his favour and restraint from eviction after the Tahasildar, Nayagarh (OP-3) issued a show cause notice dated 22.08.2024; his earlier written statement remained pending before the Tahasildar. The High Court did not itself adjudicate entitlement but disposed of the petition by directing the Petitioner to file a fresh reply to the show cause and directing the Tahasildar, Nayagarh to take a decision on his case in accordance with law, while ordering that no coercive action be taken against the Petitioner until the Tahasildar takes up the matter.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22253 of 2024

¶2

Pankaj Kumar Singh

¶3

…. Petitioner

¶4

Represented By Adv. Mr. Nira Sundar Panda

¶5

-versus-

¶6

State of Odisha & Ors.

¶7

Opposite Parties Represented By AGA Mr. D. Mund

¶8

CORAM:

¶9

DR. JUSTICE S.K. PANIGRAHI

ORDER

Order No.

06.09.2024

1 . This matter is taken up through hybrid arrangement.

¶15

2 . The Petitioner has filed this Writ Petition seeking a direction from this Court to the Opposite Parties for settlement of the land in question in favour of him by taking his disability and landless condition in Khata No.1262 corresponding to Plot No.2075 of an Area Ac.0.02 decimal. He further prays not to evict the Petitioner from his house which has been constructed in Plot No.2075.

¶16

3 . Heard leaned counsels for the Parties.

¶17

4 . Learned counsel for the Petitioner submits that the Petitioner being a handicapped and landless person

¶18

Page 1 of 2

¶19

// 2 //

¶20

constructed a house of an area Ac.0.02 dec. in Khata No.1262 corresponding to Plot No.2075. But, on 22.08.2024, the Opposite Party No.3/Tahasildar, Nayagarh issued notice of show cause to the Petitioner. Thereafter, the Petitioner filed a written statement before the Opposite Party No.3/Tahasildar, Nayagarh. But, the same is pending before the Opposite Party No.3/Tahasildar, Nayagarh.

¶21

5 . Considering the facts and submissions made, the Petitioner is directed to approach the Opposite Party No.3/Tahasildar, Nayagarh by filing a fresh reply to the show cause dated 22.08.2024. The Opposite Party No.3/Tahasildar, Nayagarh shall take decision on the case of the present Petitioner taking into consideration of the reply to the show cause to be filed by the present Petitioner in accordance with law.

¶22

6 . It is directed that no coercive action shall be taken against the Petitioner till the matter is taken up by the Opposite Party No.3/Tahasildar, Nayagarh.

¶23

7 . Accordingly, the Writ Petition is disposed of.

¶24

Signature Not Verified

¶25

(Dr. S.K. Panigrahi)

¶26

Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Sumitra Location: High Court of Orissa, Cuttack Date: 06-Sep-2024 19:15:09

¶27

Judge

¶28

Page 2 of 2

Pankaj Kumar Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pankaj Kumar Singh 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

Parties & counsel

Coram

Case details

Similar cases

M/S.Srikrishna Pipes Vs M/S.Konark Cement

Shyamsundar Sahoo Vs State of Odisha

Sachidananda Balabantaray Vs State of Odisha

Sanjaya Gadtya Vs State of Orissa

M/S. Basudev Logistics, Jagatsinghpur Vs Union Bank of India, Bbsr

District Young Lawyers Forum, Puri Vs State of Odisha