Orissa High Court
Kunilata Behera vs State Of Odisha And Others .... Opposite ... on 12 October, 2023
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33300 of 2023
Kunilata Behera .... Petitioner
Mr. R.K. Pradhan, Advocate
-Versus-
State of Odisha and Others .... Opposite Parties
Mr. J. P. Patra, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order No. 12.10.2023 01. 1. Heard learned counsel for the petitioner and Mr. Patra,
learned ASC for the State opposite parties.
2. Instant writ petition is filed by the petitioner assailing the eviction notice under Annexure-2 issued by the opposite party No.3 with a direction not to take any coercive action against her in connection with Encroachment Case No.209 of 2020-21 without following due process of law and providing an opportunity of hearing.
3. Referring to a copy of the RoR, learned counsel for the petitioner submits that the petitioner is in possession of the Govt. land since long for which she has been proceeded with in Encroachment Case No.209 of 2020-21 but then without providing any opportunity to show cause, straightaway eviction notice under Annexure-2 was issued by opposite party No.3, which is illegal and not tenable in law.
4. Mr. Patra, learned ASC for the State opposite parties on the other hand submits that such eviction notice must have been Page 1 of 2 preceded by a show cause received from the petitioner and therefore, Annexure-2 should not be interfered with.
5. Recording the submission learned counsel for the petitioner to the effect that no show cause and any opportunity was provided to the petitioner in Encroachment Case No.209 of 2020-21 and that directly eviction notice under Annexure-2 was issued and accepting the same at its face value, the Court is of the view that impugned action cannot be justified. Furthermore, the Court is inclined to allow the petitioner to appear and to show cause and submit response in Encroachment Case No.209 of 2020-21 before any such eviction is directed against her.
6. Hence, it is ordered.
7. In the result, the writ petition stands disposed of with a direction to the petitioner to appear before opposite party No.3 on 18th October, 2023 and to submit show cause/reply in connection with Encroachment Case No.209 of 2020-21 and in the event, the same received, it shall be considered and final order to be passed therein at the earliest preferably within a period of two weeks thereafter. It is further directed that if there has been opportunity provided to the petitioner in Encroachment Case No.209 of 2020- 21 leading to the issuance of eviction notice i.e. Annexure-2, the above order shall not be given effect to.
8. Urgent certified copy of this order be granted as per rules.
(R.K. Pattanaik) Judge Tudu Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU Page 2 of 2 Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 12-Oct-2023 19:19:27