Bhaskar Behera v. Sitansu Sekhar Dash, Tahasildar, Remuna

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.5712 of 2021 Bhaskar Behera & Others ....

Petitioners Mr. Gopinath Sethi, Advocate -versusSitansu Sekhar Dash, Tahasildar, Remuna, District-Balasore ....

Contemnor/Opp.Party Mr. P.K. Mohanty, ASC

CORAM:

JUSTICE JASWANT SINGH JUSTICE M. S. SAHOO Order No.

ORDER (Oral) 28.10.2022 03.

This matter is taken up through virtual/physical mode. 1.

The petitioners are the residents of village Barunsing, Block/Tahasil-Remuna, District-Balasore and had filed W.P.(C) (PIL) No.15566 of 2021 seeking eviction of the unauthorized encroachers from the Gochar land in the village. The said writ petition was disposed of by this Court vide order dated 03.05.2021 with the direction to the Tahasildar, Remuna to pass a reasoned order not later than 12.07.2021.

2. At the time of hearing, Mr. Mohanty, learned counsel for the State has produced an order-sheet of the proceedings initiated by the Tahasildar, Remuna in respect of the eviction of the said six encroachers. The record shows that an order dated 26.08.2022 after issuance of notice and field enquiry, stands passed

// 2 // directing the said encroachers to vacate the Government land within seven days. In compliance of the same, three encroachers have already vacated the premises, whereas for vacation of the remaining three encroachers, the next date is fixed to 26.11.2022. It is also said that no information is available as to whether the said remaining three encroachers have availed remedy of appeal under Section 12 of the OPLE Act, 1972 or not.

3.

In view of the above, we find that the orders passed by this Court on 03.05.2021 stand duly complied with rendering the present contempt as infructuous.

4. The CONTC is accordingly dismissed as infructuous.

(Jaswant Singh) Judge (M.S. Sahoo) Judge AKK 28th October, 2022 Cuttack