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Orissa High CourtWP(C)/39192/2021disposed off

Pratap Kumar Mishra v. State Of Odisha

2022-02-09Mr. Justice Biswanath Rath1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.39192 of 2021 Pratap Kumar Mishra ....

Petitioner(s) Mr.S.N.Mishra, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr.R.P.Mohapatra, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

09.02.2022 1.

Heard learned counsel appearing for the parties. Order No.

2.

Considering the allegation involved in this matter and since Annexure-3 has been submitted to the Tahasildar-opposite party no.3 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, this matter stands disposed of with a direction to the Tahasildar-opposite party no.3 to look into the grievance of the petitioner vide Aannexure-3 and make an enquiry involving the parties. It is directed that upon entering into an enquiry, if the Tahasildar observes that there is unauthorized occupation over the Government land, the Tahasildar shall initiate an appropriate proceeding following the provision contained in the O.P.L.E. Act against the unauthorized encroachers and decide the same within a period of six months thereafter but however giving opportunity of hearing to the parties likely to be affected.

(Biswanath Rath) Judge Sks