Lokanath Pal v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.18038 of 2022 Lokanath Pal ....

Petitioner(s) Mr.P.K.Jena, Advocate.

-versusState of Odisha & Ors.

....

Opposite Party(s) Mr.U.K.Sahoo, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

02.08.2022 1.

1.

Heard learned counsel appearing for the parties. Order No.

2.

This is a writ petition involving removal of illegal encroachment. It appears, the petitioner has already made a request vide Annexure-1 involving the same pending before the Tahasildar Basta-opposite party no.4.

3.

Considering the allegation involved in this matter and as 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, without expressing any opinion on the merit of the case, this matter stands disposed of with a direction to the Tahasildar, Basta-opposite party no.4 to look into the grievance of the petitioner vide Annexue-1 to this writ petition and make an inquiry involving the parties. It is directed that upon entering into an inquiry, if the Tahasildar observes there is unauthorized occupation over the Government land, the Tahasildar shall initiate an appropriate proceeding following the provisions contained in O.P.L.E. Act against the unauthorized encroachers and decide the same within a period of two months thereafter, but however, giving opportunity of hearing to the parties likely to be affected. 4.

Since the order is passed at the admission stage, petitioner is directed to produce a certified copy of this order along with a copy of

// 2 // the writ petition before the Tahasildar, Basta-opposite party no.4 within a week hence for his proceeding in the matter. sks (Biswanath Rath) Judge