The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 5956 of 2019 ..... Baishnab Charan Lenka Petitioner Mr. Dillip Kumar Mohapatra, Advocate Rabindra Kumar Nayak & Ors. -versus- ..... Opposite Parties Represented By Adv. Mr. Biswaranjan Dalai CORAM: DR. JUSTICE SANJEEB K. PANIGRAHI Order No.
Decision
ORDER 03.09.2025 07. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner, by filing this Writ Petition, has challenged the order dated 25.08.2015 passed by the Sub- Collector, Jagatsinghpur in Encroachment Appeal No.08 of 2014 and the order dated 06.12.2018 passed by the Collector, Jagatsinghpur in Encroachment Revision No. 07 of 2018. 3. Learned counsel for the Petitioner submits that Petitioner is a landless person and belongs to Village- Mahimadeipur under Ersama Tahasil in the district of Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 04-Sep-2025 18:44:02 Page 1 of 6. Jagatsinghpur. In the year 2009, an encroachment case was instituted by the Tahasildar, Ersama in exercise of power under Section-4 and 6 of the OPLE Act, 1972 as against the present Petitioner for his unauthorized occupation of the Government land pertaining to Khata No.199, Plot No.704 of Village-Jalua and accordingly, Rs.20/- was assessed as penalty for his unauthorized encroachment of the Government land before the Tahasildar directed the concerned R.I. for realization of dues - and issued ‘B’ form to the encroacher to vacate the case land. In the year 2010, the present Petitioner being a landless person filed an application before the Tahasildar for settlement of Ac.1.00 decimal of land out of Plot No.704 corresponding to Khata No.199 of Village - Jalua. After receipt of the application, the Tahasildar directed the concerned R.I. for verification of the R.O.R and submit report. As per order of the Tahasildar, Amin verified the ROR of the land in question and submit the report stating therein that the kisam of the land is patita. After perusal of the report of the R.I., the Tahasildar directed the R.I. concerned to enquire and the report along with trace map of the suit plot. As per the order of Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 04-Sep-2025 18:44:02 Page 2 of 6. the Tahasildar, the R.I. enquired and submitted report in stating therein that the encroached land stands recorded in Abadya Gogya Anabadi and the case land is non objectionable in nature. After perusal of the report, the Tahasildar published proclamation in “J” form invited objection fixing the date of hearing of objection and the said proclamation was also published by beat of drums and also a copy was affixed in the conspicuous place of the said village in which the land is situated in presence of villagers and also a copy of the said proclamation was published in the notice Board of the Tahasil and the copy was sent to the concerned Gram Panhayat as can be revealed from the order-sheet dated 28.10.2010 of the Tahasildar. After hearing the parties vide order dated 07.02.2011, the Tahasildar passed the reasoned order in settling the land in question for agricultural purpose in favour of the present Petitioner. Though the land was settled in favour of the present Petitioner after following due procedure as prescribed under the O.P.L.E.Act and Rules framed thereunder, but after expiry of the period of limitation one Encroachment Appeal bearing No.08 of 2014 was filed by the villagers (Opposite Party Nos.1 to 5) Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 04-Sep-2025 18:44:02 Page 3 of 6. before the Sub-Collector, Jagatsinghpur in stating therein some allegation without any basis. The present Petitioner being the respondent in the appeal filed their objection/written note of argument, in specifically denying the allegation made as against him. Without considering the objection filed by the present Petitioner and without application of mind and also without going through the materials available on record the Sub- Collector passed the order dated 25.08.2015 in Encroachment Appeal No.08 of 2014 in setting aside the order passed by the Tahasildar in Encroachment Case and directed to restore the land to Govt. Khata as before. Questioning the legality and propriety of the order passed by the Sub-Collector in the aforementioned appeal, the present Petitioner preferred a revision before the Collector, Jagastsinghpur bearing Encroachment Revision Case No.07 of 2018 and the learned Collector also in cryptic manner without considering the relevant records available before him, has confirmed the order of the appellate authority. 4. Section - 7 of O.P.L.E. Act read with Rule- 15 of the OPLE Rule 1985 empower the Tahasidlar to settle the Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 04-Sep-2025 18:44:02 Page 4 of 6. land in favour of the landless person and exercising the said power, the Tahasildar settled the land in favour of the present Petitioner, basing on the report of the R.I. and also after going through the land records and the Sub- Collector at the instance of the villagers, who have no locus to challenge the said order after expiry the period of limitation, quashed the order of Tahasildar, which is impermissible under law. The Collector also without application of mind has upheld the order of the appellate authority i.e. Sub-Collector and both the order of the Sub- Collector and Collector are unsustainable in the eye of law. Hence, this Writ Petition. 5. Learned counsel for the State submits that the Petitioner is not a landless person. Hence, the appellate forum was right in rejecting the order passed by the Tahasildar. 6. Accordingly, both the orders passed by the Sub- Collector dated 25.08.2015 in Encroachment Appeal No.08 of 2014 and the order dated 06.12.2018 passed by the Collector, Jagatsinghpur in Encroachment Revision No. 07 of 2018 are hereby set aside. Hence, the Appellate Authority is directed to pass a detail order with reason by Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 04-Sep-2025 18:44:02 Page 5 of 6. giving him a proper opportunity of hearing to the Petitioner and the Opposite Parties. The entire process should be completed within a period of 45 days from the date of presentation of the order. 7. The Writ Petition is, accordingly, disposed of. Judge (Dr. Sanjeeb K. Panigrahi) Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 04-Sep-2025 18:44:02 Page 6 of 6.