Disposed

Sanjata Kumar Samal v. State of Orissa

Orissa HC2 Sept 2024WP(C)/7467/2016

Case brief

AI extract

What is this about?

In this writ petition regarding encroachment forms and eviction notice, the High Court directed the Tahasildar to conduct a property measurement exercise within one month and dispose of the pending encroachment case within two months after receiving the report. Coercive action was stayed.

What did the court decide?

Tahasildar directed to measure property within one month and dispose of encroachment case within two months; coercive action stayed.

Sanjata Kumar Samal Vs State of Orissa — Property and Title | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7467 of 2016

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Sanjata Kumar Samal …. Petitioner(s)

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Mr. Manoj Kumar Mohanty, Adv.

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-versus-

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State of Odisha & Ors. …. Opposite Parties Mr. Gyanaranjan Mohapatra, ASC

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

Order

No.

ORDER 02.09.2024

1 . This matter is taken up through hybrid arrangement.

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2 . In filing this Writ Petition, the Petitioner claiming himself to

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be the owner of the property in question, has challenged the ‘Ka’ Form issued on 21.01.2016/Annexure-2, the ‘Kha’ Form issued on 21.01.2016/Annexure-3 and the notice of eviction dated 22.04.2016 issued in Encroachment Case No.707/201516.

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3. At the outset, learned counsel for the State submits that since the Encroachment Case bearing No.707/2015-16 is pending before the Tahasildar, Bhandaripokhari/ Opposite Party No.3, the Petitioner should pursue his remedy before the Tahasildar, Bhandaripokhari.

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4. At this juncture, learned counsel for the Petitioner submits that without undertaking any measurement exercise, the Signature Not Verified Tahasildar, Bhandaripokhari has issued the notice of eviction Digitally Signed Signed by: AYASKANTA JENA Designation: Personal AssistantReason: Authentication so also the Form ‘Ka’ and ‘Kha’ to the Petitioner.

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal AssistantReason: Authentication Reason: Authentication Location: High Court of Orissa Date: 04-Sep-2024 17:14:30

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Page 1 of 2

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5. Learned counsel for the Petitioner further contends that the land in question belongs to the present Petitioner. Hence, the above noted orders need to be set aside.

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6. Considering the submissions made on behalf of both the parties and looking to the dispute involved in this Writ Petition, this Court directs the Tahasildar, Bhandaripokhari/ Opposite Party No.3 to undertake an exercise for measurement of the property in question in order to find out the extent of encroachment, within a period of one month from the date of presentation of an authenticated copy of this order. The Petitioner as well as other affected persons, if any, shall be involved during course of said measurement process.

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7. The Tahasildar, Bhandaripokhari is also directed to dispose of the above noted Encroachment Case in accordance with law within a period of two months from the date of getting the report relating to the measurement of the land in question.

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8. It is further directed that till a decision is taken in the matter by the Tahasildar, Bhandaripokhari, no coercive action shall be taken against the Petitioner.

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

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Signature Not Verified

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(Dr. S.K. Panigrahi) Judge

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Digitally Signed Ayaskanta Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Sep-2024 17:14:30

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Page 2 of 2

Sanjata Kumar Samal v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sanjata Kumar Samal v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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