WP(C)/22074/2016 of SANTOSH KUMAR PANDA Vs GOVT.OF ORISSA on 23 December 2016

WP(C) nO.22074 OF 2016

23.12.2016 Heard learned counsel for the petitioner. None appears/represents for the opposite parties, probably due to resolution passed by the Orissa High Court Bar Association, Cuttack.

2. Grievance of the petitioner in this writ petition is that he occupied a piece of land appertaining to plot No.2729/3752, Khata No.623 in Mouza Raikia, measuring an area Hc.0.040 R out of Hc.2.840 R, which is recorded in the name of the Government. Due to such unauthorized occupation, eviction proceeding in Encroachment Case No.134 of 2016 was initiated by the Tahasildar, Raikia (O.P. No.4) and notice to show cause was issued. However, without affording any opportunity of hearing to the petitioner, the said encroachment case was disposed of directing eviction of the petitioner from the aforesaid plot land(Annexure-4). 3. It is submitted that learned counsel for the petitioner that the petitioner is occupying the said plot of land since 1980 constructing his residential house thereon. The petitioner is a homesteadless person and is eligible to be settled with the aforesaid plot of land in his name. It is further submitted that the opposite party No.4 without waiting for expiration of the appeal period has taken steps for eviction from the aforesaid plot of land. Finding no other alternative, he has approached this Court for efficacious redressal of his grievance. Learned counsel for the petitioner, therefore, prays that the petitioner may be given some breathing time to file appeal before the Sub-Collector, Baliguda, Kandhamal (O.P. No.3) and be protected in the meantime.

4. In view of the nature grievance of the petitioner, I dont feel it proper to keep this matter pending. Accordingly, this writ petition is disposed of directing the petitioner to file appeal under the provisions of Section 12 of the Orissa Prevention of Land Encroachment Act, 1972 within a period of three weeks hence and in such event, the authority shall do well to entertain and dispose of the appeal on merit within three months from the date of receipt of appeal memo along with certified copy of this order. Status quo with regard to possession of the aforesaid plot of land shall be maintained till disposal of the appeal. Issue urgent certified copy of the order be granted on proper application.

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K.R. Mohapatra, J.