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Orissa High CourtWP(C)/1577/2022disposed off

Kalakar Malik v. State Of Odisha

2022-01-27Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.1577 of 2022 Kalakar Malik & Anr.

.....

Petitioner(s) Mr.Debasis Tripathy, Advocate - VersusState of Odisha & Ors .....

Opposite parties Mr.U.K.Sahoo, ASC.

CORAM:

JUSTICE BISWANATH RATH

ORDER

27.01.2022 Order No.

1.

This matter is taken up through Video Conferencing Mode. 2.

Heard the learned counsel appearing for the parties. 3.

Looking to the limited request involved herein in the matter of removal of encroachers and an allegation against the Sarpanch concerned, who has been alleged to be undertaking a compound wall construction on the disputed land, this Court finds the representation at the instance of the petitioners on the self same issue vide Annexure-3 is pending consideration, without expressing any opinion on the merit of the case, this Court disposes of the writ petition directing the Tahasildar, Aul-Opposite party no.3 to look into the grievance of the petitioners vide Annexure-3 and make an enquiry, if the Tahasildar observes 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 the affected. 4.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout copy 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, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 & 515 dated 7th January, 2022.

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(BISWANATH RATH) JUDGE