Orissa High Court
Keerti Ananda Dash vs State Of Odisha And Others .... Opp. ... on 31 August, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 23413 OF 2021
Keerti Ananda Dash .... Petitioner
Mr. S. Mohapatra, Advocate
-versus-
State of Odisha and Others .... Opp. Parties
Mr. Arun Kumar Mishra,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 31.08.2021 1. 1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition prays for a direction to the Tahasildar, Salipur-Opposite Party No.4 to dispose of Encroachment Case No.34/1 of 2020-21 at an early date.
3. It is submitted by learned counsel for the Petitioner that Encroachment Case No.34/1 of 2020-21 was initiated on the file of the Tahasildar, Salipur-Opposite Party No.4 at his instance for eviction of Opposite Party No.6, namely, Sri Bhaktipada Mishra from Plot No.2109 in Khata 688 to an extent of Ac.0.012 decimals in mouza-Chandradeipur under Salipur tahasil which is recorded as Gochar. Upon hearing learned counsel for the parties, eviction order was passed in said encroachment case vide order dated 10th November, 2020. Assailing the same, the Opposite Party No.6 preferred Page 1 of 3 // 2 // Encroachment Appeal No.5 of 2020, which was disposed of on 15th March, 2021 (Annexure-4) directing the Tahasildar, Salipur-Opposite Party No.4 to adjudicate the encroachment case afresh giving opportunity of hearing to the parties concerned.
4. Mr. Mohapatra, learned counsel for the Petitioner submits that although the order has already been communicated to the Tahasildar, Salipur-Opposite Party No.4, he has not taken any step for disposal of the encroachment case for which the Petitioner is seriously prejudiced. As such, he has filed the writ petition for the aforesaid relief.
5. Mr. Mishra, learned Additional Government Advocate for the State submits that he has no instruction in the matter. However, if the encroachment case is still pending before the Tahasildar, Salipur, he may be directed to dispose of the same at an early date in accordance with law, if there is no legal impediment.
6. Upon hearing learned counsel for the parties, this Court is of the considered view that the Tahasildar, Salipur should comply with the direction of the Sub-Collector, Sadar Cuttack-Opposite Party No.3 in Encroachment Appeal No.5 of 2021 at an early date in accordance with law,
7. Accordingly, it is directed that the Tahasildar, Salipur shall do well to consider and dispose of Encroachment Case No. 34/1of 2020-21, as expeditiously as possible, preferably within a period of four months from the date of production of certified copy of this order, giving opportunity of hearing to Page 2 of 3 // 3 // the parties concerned, if there is no legal impediment. It is made clear that this Court has not expressed any opinion on the merits of the case of the Petitioner.
8. With the aforesaid observation and direction, the writ petition is disposed of.
9. Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge bct Page 3 of 3