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Showing contexts for: BARGARH in Lagan Agrawal vs State Of Odisha &Ors. .... Opp. Parties on 29 October, 2024Matching Fragments
1. Since common question of facts and law are involved in all the above- mentioned Writ Petitions, the same were heard together and are being disposed of by this common judgment. However, this Court felt it apposite to deal the W.P.(C) No.16110 of 2024 as the leading case for proper adjudication of all these cases.
2. The Petitioner, in W.P.(C) No.16110 of 2024, has made a prayer to quash the order dated 05.04.2024 passed by the Opposite Party No.3/ Executive Officer, Bargarh Municipality, Bargarh in Encroachment Case No.01 of 2024 rejecting his claim petition. The Petitioner further seeks a direction from this Court to the Opposite Parties not to evict him and/or demolish the residential building and boundary wall or any portion thereof standing over Plot No.6668 under Khata No.2414/4123 measuring an area of Ac.0.0200 decimals in Mouza/Tahsil/Dist.- Bargarh.
I. FACTUAL MATRIX OF THE CASE:
3. The case land pertains to an area of Ac.0.02 decimals in Plot No.6668 of Current Settlement Khata No.24I4/4123, Mouza-- Bargarh, Tahasil--
Location: ORISSA HIGH COURT, CUTTACK Bargarh, Dist.-Bargarh, which stands recorded in the name of the petitioner.
4. The father of the petitioner, namely, Rampratap Agrawal, purchased the case land, with building from one, Abdul Wahab Khan through RSD No.6154 dated 12.07.1963 and since the date of purchase, the petitioner and his family are continuing in peaceful and exclusive possession of the case land by constructing a three storied building over the same.
5. After the death of the father of the petitioner, the case land has been exclusively recorded in the name of the petitioner in the current settlement record of rights and patta has been published in his name.
6. The petitioner has been paying rent regularly to the State Government and obtaining rent receipts thereof and also depositing holding tax to Bargarh Municipality.
7. While the petitioner's father was in possession of the case land as its absolute owner, a dispute arose regarding his possession. Consequently, an application was submitted to Opposite Party No. 4, the Tahasildar of Bargarh, seeking demarcation of the disputed land, which was subsequently registered as Demarcation Case No. 11/2-209 of 1975. Pursuant to directions from Opposite Party No. 4, the Tahasildar of Bargarh, the Revenue Inspector (R.I.) demarcated the land in question and submitted a report, accompanied by a sketch map, to the Tahasildar. Based on the R.I.'s report/ the Tahasildar of Bargarh, through an order dated 20.01.1976, formally closed the Demarcation Location: ORISSA HIGH COURT, CUTTACK Case, concluding that further action was unnecessary since the land had been properly demarcated.
24. Accordingly, W.P.(C) No.16110 of 2024 is allowed.
25.The impugned order dated 05.04.2024 passed by the Opposite Party No.3/ Executive Officer, Bargarh Municipality, Bargarh in Encroachment Case No.01 of 2024 is quashed. The matter is remitted back to the Opposite Party No.3/ Executive Officer, Bargarh Municipality, Bargarh to reconsider and pass order afresh considering the reply to the show cause along with the documents filed by the Petitioner meticulously.