Ranjan Nath@Rajkishore Nath v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.510 of 2016 Rajan Nath @ Rajkishore Nath ....

Appellant Mr. Santosh Kumar Dash, Advocate -versusState of Orissa and others ....

Respondents Mr. Debakanta Mohanty Additional Government Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH

ORDER

12.10.2022 Order No.

03.

1. The contention of the learned counsel appearing for the Appellant is that while passing an order against the Appellant in the encroachment case, the Authority in question ought to have noticed that he is a person without any homestead land and should have applied the provisions of Section 7(2)(b) of the Orissa Prevention of Land Encroachment Act, 1972 (OPLE Act).

2. Unfortunately for the Appellant, the order of the Authority in the encroachment case has not been enclosed either with the writ petition or even this present writ appeal. Therefore, the Court is unable to appreciate whether the above factor was in fact was taken note of by the Authority in question. Be that as it may, if the order of the Authority in the encroachment case does not advert to Section 7(2)(b) of the OPLE Act, it would be open to the Appellant

to initiate separate proceedings in that regard in accordance with law.

3. With the above observations, the present writ appeal is disposed of.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge S. Behera