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Orissa High CourtWP(C)/170/2022disposed off

Purna Chandra Jena v. State Of Odisha

2022-01-11Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC NO.170 OF 2022 Purna Chandra Jena & ors.

....

Petitioners Mr.A.Pattanaik, Adv.

-versusState of Odisha & ors.

....

Opposite Parties Mr.S.P.Panda, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

11.1.2022 Order No.

01.

1.

This matter is taken up through video conference mode. 2.

Heard learned counsel for the Parties.

3.

Considering the allegation involved in this matter and since Annexure-3 has been submitted to the Tahasildar, Bhandaripokhari and a decision in such matter is ultimately required to be taken by the Tahasildar in exercise of power under the O.P.L.E. Act, this matter stands disposed of with a direction to the Tahasildar, Bhandaripokhari, O.P.3 to look into the grievance of the petitioners, vide Annexure-2 and make an enquiry involving the parties. It is directed that upon entering into an enquiry, if the Tahasildar observes that there is unauthorized occupation over the Government land, the Tahasildar shall initiate an appropriate proceeding following the provisions contained in the O.P.L.E. Act against the unauthorized encroachers and decide the same within a period of six months thereafter but however giving opportunity of hearing to the parties likely to be affected.

// 2 // 4.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the Parties may utilize a printout of the order available in the High Court's Website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587 datred 25th March, 2020, modified by Notice No.4798 dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

5.

A free copy of this order be supplied to the learned State Counsel.

(Biswanath Rath) Judge M.K.Rout