The Orissa HC held a writ petition for removing unauthorized encroachment unajundice due to private dispute involvement. The court directed the petitioner to approach local authorities for amicable resolution before dismissing the petition.
Direction to approach local Sarpanch and Tahasildar for amicable resolution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8946 of 2024
Charana Malika
…. Petitioner(s)
Mr. Santosh Kumar Mahanty, Adv.
-versus-
State of Orissa & Ors. …. Opposite Parties Mr. Gyanaranjan Mohapatra, ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER
17.09.2024
of village-Nimina, P.S. –Beguniapada, Dist.-Ganjam, has sought for a direction from this Court to the Opposite Party Nos.1 to 4 for removing the unauthorized encroachment made
by the Opposite Party Nos.5 & 6 over the plot No.1899, Khata No.805 of Mouza-Nimina under Kodala Tahasil, DistrictGanjam.
3 . Pursuant to the earlier order of this Court dated 31.08.2024, learned counsel for the State, on instruction, submits that there is partial encroachment over the land in question by two groups of the same village. He further contends that the dispute is centered to shift a shop/cabin standing on the said plot.
Signature Not Verified 4
4 . Considering the above submission made by the learned counsel for the State, this Court finds that there is involvement of a private dispute in this Writ Petition. Hence,
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-Sep-2024 16:41:42
Page 1 of 2
Ayaskanta
the same cannot be resolved in this Writ Petition. This Court, therefore, is of the view that the dispute between two groups can be resolved amicably in presence of the local Sarpanch and the Tahasildar concerned.
5. This Court, in the process, directs the Petitioner to approach the local Sarpanch and the Tahasildar concerned for resolving the dispute amicably.
6 . This Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi) Judge
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-Sep-2024 16:41:42
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2 issues framed by the court
Whether a writ petition involving a private dispute between two village groups over land encroachment can be resolved by this Court.
Who should mediate to resolve the dispute between the two groups over the unauthorized encroachment.
Charana Malika
State of Orissa
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
