Sk. Samsuddin v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9123 of 2022 Sk. SamSuddin ....

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

....

Opposite Party(s) Mr.S.Ghose, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

18.04.2022 Order No.

01.

1.

Heard the submissions of the parties.

2.

This is a case for seeking direction to the Tahasildar, Mahanga to work out of the request of the petitioner in the matter of clearing encroachment. Petitioner alleges in spite there is blocking of only access to the petitioner house and complaint having already been made to the Tahasildar concerned long since there is no effective action by the Tahasildar.

3.

Considering the request involving herein and for the opinion of this Court since Tahasildar has to exercise the power involving provision of OPLE Act and also involving the party likely to be affected, in the disposal of the writ application, this Court directs the Tahasildar, Mahanga opposite party No.3 to work out the request of the petitioner vide Annexure-3 by completing entire exercise within a period of six months but however involving the party likely to be affected particularly opposite party No. 4 to 6. In the meantime on preliminary inquiry, if the Tahasildar finds there is actual blockage or

// 2 // obstruction in the access to the petitioner's house at the instance of opposite parties No.4 to 6, Tahasildar may do well in making interim arrangement, if any.

(Biswanath Rath) Judge S.P. Dash