Orissa High Court
WP(C)/19730/2020 on 17 August, 2020
Author: K.R.Mohapatra
Bench: K.R.Mohapatra
W.P.(C) No. 19730 of 2020
2. 17.08.2020 Due to outbreak of COVID-19, this matter is
taken up through Video Conferencing.
2. Heard Mr.Manoj Mishra, learned Senior
Advocate being assisted by Mr.Tanmay Mishra,
learned counsel for the petitioner and
Mr.D.K.Mohanty, learned Additional Government
Advocate appearing for the State opposite parties.
3. Petitioner, which is a Self Help Group (SHG),
has filed this writ petition getting threats of eviction
from Sub-Collector, Bolangir (OP No.2). It is
submitted by Mr.Mishra, learned Senior Advocate that
the petitioner, which is a SHG, has constructed a
house over Plot No.1641, Khata No.955 in Mouza
Larkipali (Dunguripada), Dist: Bolangir (for short, 'the
case land') wherefrom the same is operating. For
construction of the house, the local MLA as well as
MP have contributed funds. The petitioner is
operating there since 2007 and functioning as per the
direction of the Government in implementing the
projects and schemes floated by the Government.
Although the petitioner-SHG has not made an
application for settlement of the aforesaid plot in its
name, but the said land should be settled in its name
so that it will be in a position to implement the
schemes and projects of the Government effectively.
The authorities are well aware of the occupation of the
case land by the petitioner-SHG, as the authorities
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have released funds from MLALAD as well as MPLAD
in favour of the petitioner after due enquiry.
4. In course of hearing, Mr.Mishra, learned
Senior Advocate submits that the petitioner-SHG may
be granted liberty to file an application before the
Collector, Bolangir for settlement of the case land in
its favour, which may be considered in accordance
with law. And till any decision is taken for settlement
of the case land in its name, the petitioner may not be
evicted from the said plot.
5. Mr.Mohanty, learned Additional Government
Advocate submits that admittedly the petitioner-SHG
has encroached upon the government land and
constructed the house wherefrom the said SHG is
operating. Although aid has been released in favour of
the petitioner-SHG by the local MLA and MP, that
does not give the petitioner any right of settlement. He
further submits that there is no material on record to
suggest that there is any threat of eviction of the
petitioner from the aforesaid case land by the Sub-
Collector, Bolangir (OP No.2), as alleged. He therefore,
prays for dismissal of the writ petition.
6. Taking into consideration the submissions of
learned counsel for the parties, and the fact that the
petitioner is a SHG and is operating on the case land
since 2007 by constructing a house thereon with the
aid of local MLA and MP and discharging its functions
and duties carrying out the directions of the
Government and District administration, this Court is
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of the considered opinion that the Collector, Bolangir
(OP No.1) should consider the application, if any filed
for settlement of the case land in favour of the
petitioner in accordance with law.
7. It is therefore, directed that in the event the
petitioner-SHG makes an application to the Collector,
Bolangir (OP No.1) for settlement of the case land in
its favour, the opposite party No.1 shall do well to
consider the same following due procedure of law and
shall pass a reasoned order. Till a decision is taken on
such application for settlement of the case land in
favour of the petitioner-SHG, if filed within a period of
two weeks hence, the petitioner-SHG shall not be
evicted from the case land. It is made clear that this
Court has not expressed any opinion on the merits of
the case of either side.
Authenticated copy of this order downloaded
from the website of this Court shall be treated at par
with certified copy in the manner prescribed in this
Court's Notice No.4587 dated 25.03.2020.
.............................
K.R.Mohapatra, J.
ss J.