Arun Kumar Mohapatra Vs State of Odisha

Instant writ petition is filed by the petitioners for a direction to opposite party No.2, in particular not to take any coercive action and to hold a demarcation of the plots with the assistance of opposite party No.3 considering the representation i.e. Annexure-9 submitted by them in the meantime on the grounds stated therein.

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Referring to Annexure-1 series, it is submitted by learned counsel for the petitioners that the land in question stood recorded with the grandfather of the petitioners but in the meantime, since there has been a dispute with the allegation of encroachment by opposite party No.2, revision in O.S.S. Case No. 66 of 2024 is filed. It is further submitted that till the time, a final decision is rendered in revision by the learned Member, Board of Revenue, Cuttack, since opposite party No.2 has contemplated to go for eviction and demolition, a demarcation should be held in view of the request vide Annexure-8 before any such action is initiated against the petitioners.

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Mr. Patra, learned ASC for the State submits that the revision is filed and the same is pending and in so far as the plot in question is concerned, it belongs to Government Khata.

¶20

Perused Annexure-9 i.e. representation of the petitioners.

¶21

It is being alleged that opposite party No.2 has taken a decision for eviction and demolition from Government Khata in respect of Plot No.145 situate adjoining Plot No.145/1327 under Sabik Khata No.424/33 which belongs to the petitioners. Since it is claimed that there is likely action from the side of opposite party No.2 and as such, no encroachment has taken place in respect of the land under the Khata, taking into account the representation i.e. Annexure-9 said to have been submitted in the meantime addressed to opposite party No.2, the Court is of the considered view that the same should be examined and if necessary, to hold a demarcation in respect of both the plots before eviction is carried out.

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Hence, it is ordered.

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In the result, the writ petition stands disposed of with the direction to opposite party No.2 to consider and examine Annexure-9 and after providing an opportunity of hearing to the petitioners, to hold a demarcation, if it is really necessary fixing a date with prior intimation to the parties concerned and to accomplish the same as soon as possible preferably within a period of four weeks from the date of receipt of a copy of this order and till such time, to defer the coercive action in respect of the schedule land.

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Urgent copy of this order be issued as per rules.

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Signature Not Verified (R.K. Pattanaik) Digitally Signed Judge Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 20-Feb-2024 10:57:54

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Arun Kumar Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Arun Kumar Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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