Prasanta Kumar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2256 of 2022 Prasanta Kumar Pradhan ....

Petitioner(s) Mr. R.K. Panda, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr. S.P. Panda, Addl. Govt. Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

24.02.2022 Order No.

01.

1.

Dispute arises in the matter for the long pendency of an application for removal of illegal encroachment over the Government land. Materials produced in the writ petition disclose that there has been some level of consideration involving this issue by some Authorities and also requesting to the competent authority for initiating an eviction action as appearing at Annexure-3. It is alleged that despite such development there is no action on the request of the Petitioner for clearing the illegal encroachment. Looking to the request of the Petitioner at Annexure-4, this Court also finds, in a further request to the Collector, the Petitioner has also forwarded copy of the same to the Tahasildar through registered post as appearing at page 26 of the brief for working out such request.

2.

Considering this to be a serious lapse on the part of the public authority, this Court directs, in the event there is no working out on the

// 2 // request of the Petitioner vide Annexure-4 even in spite of the instruction of the competent authority vide Annexure-3 (series), the same may be worked out by the Tahasildar, Balasore following the provisions contained in the O.P.L.E Act and also involving the parties likely to be affected and also involving the Opposite Party Nos.5 to 8. 3.

The entire exercise shall be completed within a period of six months from the date of communication of an authenticated copy of this order alongwith a copy of the writ petition to the Tahasildar by the Petitioners.

4.

With the aforesaid direction the writ petition stands disposed of.

(Biswanath Rath) Judge Ayaskanta Jena