Sadasiba Dora Vs Collector Nabrangpur

The present w rit petition calls for scrutiny of the legality of the eviction noti c e dated 10.12.2019 issued by th e Tahasildar, Nandahandi in E.C. Case No.405 of 2019. T h e challenge proceeds on t he foundational assertion that the subject land bearing Khat a No.789, Plot No.918 measuring Ac.0.07 dec. which stands covered by a declaratory decree of a competent civil court in T .S. No.13/96, wherein the right, title, and interest of the Petitio n er’s father were judicially recogniz e d as early as on 08.03.2003.

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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 03-Dec-2025 19:13:38

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This Court is t h erefore required to examine the int e rrelationship between a su b sisting civil court decree and the administrative machinery’s j u risdiction under the Orissa Preve n tion of Land Encroachmen t Act (OPLE Act), and whether t h e impugned eviction notic e constitutes a permissible exercise of statutory power or an i mpermissible encroachment on jud i cially settled rights.

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A declaratory decree of title issued by a civil court of competent jurisdiction occupies a position of supremac y within the constitutional framework of dispute resolution. Ci v il courts are vested with p l enary jurisdiction under Section 9 o f the Code of Civil Proced u re to adjudicate disputes relating to property rights unless e xpressly or impliedly excluded. The decree dated 08.03.2003 in T .S. No.13/96 was rendered upon pro p er service of notice, and t h e State authorities chose not to contest the proceeding.

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The State or i t s functionaries cannot disregard a d ecree merely because they w ere absent or negligent; the decree attains finality unless challe n ged before the appellate forum. The doctrine of res judicata (S e ction 11 CPC) is attracted not only in subsequent civil proceedings but, in principle, binds a d ministrative authorities as w ell, preventing them from assuming jurisdiction contrary to m a tters that have already been adjudic a ted.

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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 03-Dec-2025 19:13:38

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The impugne d eviction notice effectively seeks to u n dermine the civil court’s d e claration of title by branding the Petitioner as an “encroacher.” Such action amounts to a collateral attack on the civil court dec r ee which is constitutionally imperm i ssible.

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The Supreme Court in State of Kerala v. M.K. Kunhikannan¹ Nambiar aut h oritatively held that administrati v e authorities cannot nullif y , bypass, or act in derogation of a civil court decree throu g h executive measures. The ratio of the decision rests on two f u ndamental propositions:

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a. Judicial determinations cannot be undone by executive fiat, for that would violate the doctrine of s eparation of powers i s one of the basic features of the Con s titution.

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b. The fact that the decree is ex parte does no t diminish its binding force. Jurisprudence has consistentl y held that an ex parte decree is a decree nonetheless, en f orceable and operativ e unless set aside in accordance wit h law (Order IX Rules 13 and 9 CPC; appeals under Sectio n 96(2) CPC).

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If the State is aggrieved by a judicial decision, it s remedy lies exclusively in invoking judicial mechanisms of c o rrection, not by unilateral administrative action. The Tahasildar, being a statutory aut h ority under the OPLE Act, canno t arrogate to himself the j u risdiction to question or overri d e a judicial

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1 1996 (I) SCC 435 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 03-Dec-2025 19:13:38

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pronounceme n t. Any such attempt would amoun t to an excess of jurisdiction and abuse of statutory power.

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10.The OPLE Ac t is designed to remove unauthorize d encroachers from Govern m ent land. Its premise is premised o n absence of lawful title o r authority. Where a civil court has already declared title i n favour of a party, the essential juri s dictional fact of “encroach m ent” ceases to exist.

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11.Once the civil court recognizes the Petitioner’s fat h er as having valid rights o v er the land, the Tahasildar is diveste d of authority to treat the o ccupant as an encroacher. The a d ministrative machinery c a nnot reopen questions of title. Hence, the administrativ e authorities are estopped from adju d icating upon or contradicti n g judicially recognized rights.

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12.Issuance of the eviction notice therefore suf f ers from a jurisdictional defect, rendering the action void a nd non est. Under the co n stitutional mandate of the Rule o f Law, State authorities ar e duty-bound to comply with and g ive effect to judicial order s . The Tahasildar’s action in the present case reflects a d i sregard for judicial finality an d introduces administrativ e arbitrariness into a domain where j u dicial clarity already exists.

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13.The State’s su b mission that time is required to veri f y whether an appeal was pr e ferred does not salvage the positio n . The burden

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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 03-Dec-2025 19:13:38

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lies on the Sta t e to demonstrate that the decree ha s been stayed, modified, or a nnulled. In absence of any such s howing, the decree contin u es to bind the State with full vigour.

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14.Allowing the eviction notice to stand would effe c tively confer upon the executive the power to negate judici a l decrees, a proposition f u ndamentally inconsistent with con s titutionalism and the hierar c hy of legal norms.

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15.In light of th e binding civil court decree dated 0 8 .03.2003, the Tahasildar h a d no lawful authority to init i ate eviction proceedings a g ainst the Petitioner. The impugned n otice is ultra vires, amoun t s to a collateral attack on a subsi s ting judicial determination , violates the doctrine of separatio n of powers, and contrave n es the rule of law. Accordingly, the e v iction notice dated 10.12.20 1 9 is unsustainable and liable to be s e t side.

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16.Accordingly, t h e Writ Petition is disposed of.

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( Dr. Sanjeeb K Panigrahi) Judge

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Murmu

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 03-Dec-2025 19:13:38

Sadasiba Dora v. Collector Nabrangpur

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Sadasiba Dora v. Collector Nabrangpur

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