Orissa High Court
Gopal Chandra Sahoo vs State Of Odisha & Others .... Opp. ... on 18 November, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 27616 of 2024
Gopal Chandra Sahoo .... Petitioner
Mr. Suryakanta Dash, Advocate
-versus-
State of Odisha & Others .... Opp. Parties
Mr. Partha Sarathi Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 18.11.2024 01. 1. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
2. Heard learned counsel for the Petitioner and learned counsel for the State.
3. This Writ Petition has been filed by the Petitioner for a direction to the Tahasildar, Sadar Cuttack i.e. Opposite Party No.3 to take necessary action on his application filed under Section 3 of the OGLS Act which was sent through Regd. Post on 25.02.2022 ( Diary No.793/2022 dated 25.02.2022) within a stipulated period of time.
4. Learned counsel for the Petitioner submitted that even though more than one and half years have already passed since the date of filing of the application, he has not received any communication from the concerned Opposite Party and therefore, the direction may be issued in that regard.
5. It is brought to the notice of this Court that earlier a proceeding of eviction under the Orissa Prevention of Land Encroachment Act (OPLE), 1972 has been instituted against the Petitioner relating to the self-same land and that order is under challenged before this Court in W.P.(C) No.7102 of 2024.
6. It is made clear that it is up to the Authority to pass necessary order on the application filed by the Petitioner under Section 3 of the Orissa Prevention of Land Encroachment Act (OPLE), 1972 in accordance with law, to which this Court has not expressed any opinion on merits. Whether the Petitioner is entitled to get any lease of the land, the same shall be decided within a period Page 2 of 3 three months from the production of the certified copy of this order and the decision so taken shall be communicated to the Petitioner by the Tahasildar, Sadar Cuttack within two weeks of taking the decision.
Accordingly, the Writ Petition is disposed of.
(S. K. Sahoo) Judge (Chittaranjan Dash) Judge A.K. Pradhan/ Bijay Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Page 3 of 3 Date: 19-Nov-2024 17:26:42