Harihara Sahoo Vs State of Odisha

2. In filing this Writ Petition, the Petitioner has sought for a direction from this Court to the Collector, Balasore/Opposite Party No.2 for clearing the unauthorized encroachment made over the disputed property in question.

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3. Heard learned counsel for the Parties.

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4. At the outset, learned counsel for the State, on instruction, submits that pursuant to the earlier direction of this Court, though the Tahasildar, Jaleswar has initiated an eviction proceeding to clear the unauthorized encroachment made over the disputed property in question, due to the subsequent directions of this Court issued in other Writ Petitions vide W.P.(C) No.4782 of 2025 and W.P.(C) No.6865

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 17-Apr-2025 19:05:36

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of 2024 at the instance of the encroachers, the said eviction drive could not be completed. The relevant portion of the

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instructions given by the Tahasildar, Jaleswar is extracted herein below:-

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“xxx xxx xxx

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Finally the date for eviction in respect of the encroached land been scheduled on 15.02.25 by the Sub-Collector, Balasore and communicated vide Memo No 456/GL dated 11.02.2025 to the Tahasildar, Jaleswar. However, the encroacher filed W.P.(C) No.4782 of 2025 before the Honorable High Court and the same has been disposed of vide Order dated 14.02.2025 allowing 10 days time to the petitioner to remove belongings from temple in question so that the eviction drive could be completed without any hindrances. Annexure-01.

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3. It is pertinent to mention here that before completion of 10(Ten) days the Honorable high court passed an order dated 21.02.25 I.A. No.2673 of 2025 in W.P.(C) No.6865 of 2024. The learned counsel for the Opposite Party No.4 is advised to file Revision before the Revisional Authority. And as an interim measure the Tahasildar, Jaleswar is directed to postpone the eviction order to be effected on 24.02.2025 till an order is passed in the Revision to be filed by the Opposite Party No.4 by the Revisional Authority. Annexure-2 ”

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5. Considering the submission and looking to the instruction given by the Tahasildar, Jaleswar, this Court makes it clear that the revision as per the order passed in W.P.(C) No.6865 of 2024 shall be filed within a period of ten working days hence, if the same has not been filed till today and the said revision shall also be disposed of in accordance with law within a period of one month thereafter.

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6. It is further directed that the Tahasildar, Jaleswar shall

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 17-Apr-2025 19:05:36

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take immediate action as per the provision under the O.P.L.E Act for eviction of the unauthorized encroachers from the

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Ayaskanta

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disputed property in question after a period of one and half months hence.

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

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8. Free copy of this order be issued to the learned counsel for the State.

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(Dr. S.K. Panigrahi)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 17-Apr-2025 19:05:36

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Harihara Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Harihara Sahoo 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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Cases cited

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