Sarojini Bastya v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18324 of 2022 Sarojini Bastya ....

Petitioner(s) Mr. L. Bhoi, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr. U.K. Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE BISWANATH RATH

ORDER

29.07.2022 01.

1.

This writ petition has been filed seeking a direction to the Order No.

Tahasildar, Narasinghpur-Opposite Party No.4 for settlement of the disputed land in question in favour of the Petitioner. 2.

Though Annexure-2 clearly reveals that the Petitioner is already facing an encroachment proceeding, however learned counsel for the Petitioner is unable to give answer; whether such proceeding is still pending or not?

3.

Be that as it may, as this Court finds, the Petitioner has remedy before the Tahasildar, Narasinghpur for settlement of the disputed property in question under the provisions of the OPLE Act, this Court in disposal of the writ petition observes, in the event the Encroachment Case bearing No.233/20 at the instance of the Petitioner is still pending, it is open to the Petitioner to approach the Additional Tahasildar, Narasinghpur to consider her request for settlement of the disputed land in question. It is, however, made clear that this order will

// 2 // be given effect to, provided the Encroachment Case No.233/20 is still pending.

(Biswanath Rath) Judge Ayaskanta Jena