The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.40826 of 2023 and W.P.(C) No.28702 of 2023 Santosh Kumar Sahoo & Ors. ..…... Petitioner(s) Ms. Pami Rath, Sr. Adv. (In W.P.(C) No.40826 of 2023) along with associate Kartik Chandra Sahoo (in W.P.(C) No.28702 of 2023) (In W.P.(C) No.40826 of 2023) Mr. P.K. Rath, Sr, Adv. Along with Associates (in W.P.(C) No.28702 of 2023) -Versus- State of Odisha & Anr. ………. Opposite Parties
Legal Reasoning
Mr. Sonak Mishra, ASC Mr. P.K. Rath, Sr, Adv. Along with Associates (for O.P.5 in W.P.(C) No.40826 of 2023) CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
ORDER 16.08.2024 1. Both the matters are taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. Since common question of facts and law are involved in both the above-mentioned Writ Petitions, the same are heard Order No. 04. together and are being disposed of by this common order. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cuttack Date: 18-Aug-2024 17:01:44 4. In W.P.(C) No.40826 of 2023, the Petitioners have challenged the order dated 22.06.2023 passed by the Opposite Party 2 No.1/Collector, Jajpur in Misc. Case No.65 of 2022 and Notice dated 21.11.2023 issued by the Opposite Party No.2/Tahasildar, Vyasanagar, Jajpur Road, Jajpur. 5. In W.P.(C) No.28702 of 2023, limited grievance of the Petitioner is that despite the Collector, Jajpur having passed the order since 22.06.2023, the Tahasildar, Vyasanagar is sitting over the matter and not taking any action for eviction of the rest of the encroachers. He further seeks a direction from this Court to the Tahasildar, Vyasanagar to evict the private Opposite Parties/ encroachers from the Government land over Hal Khata Nos.289 and 290, Mouza- Masudpur, within a stipulated period. 6. Learned Senior Counsel appearing for the Petitioners in W.P.(C) No.40826 of 2023 submits that the Petitioners are the residents of village Masudpur and some of them are residents of nearby villages of Masudpur. She further submits that two villages named Masudpur and Sahapur are situated on the river bank of Kharoshrota having a population of 457 and 279 people respectively and set off their business establishment on the Government land for more than 30 years. She further submits that a School is situated at a distance of 400 meters (approx.) and Health care is situated at a distance of 100 meters from the market area. There is also a weekly Rural Haat (market) under the Authority of Jajpur RMC. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cuttack Date: 18-Aug-2024 17:01:44 3 7. She further submits that the Government with the help of villagers decided to construct a Community Centre in that area for which the Government vide the District Planning Order No.894 dated 02.07.2010 under the MLALAD Project No.13 sanctioned a sum of Rs.50,000/- for constructing a Community Centre over the Plot No.1027/1112, Hal Khata No.289 of Mouza- Masudpur, Tahasil-Vyasanagar, district-Jajpur. She further submits that the Opposite Party No.5 had filed a representation before the Opposite Party No.1/Collector, Jajpur suppressing the material facts that a Community Center, market complex and public toilet have been constructed over the Government land. He also did not disclose the fact that there is a proposal by the Government with regard to expansion of the road on the said plot. On the basis of the representation of the Opposite Party No.5, Misc. Case No.65 of 2022 was instituted and the Collector, Jajpur passed the order dated 22.06.2023 on the same directing the Tahasildar, Vyasanagar to take immediate step to evict the encroachers as per the OPLE Act. Hence, the Petitioners in W.P.(C) No.40826 of 2023 are constrained to approach this Court. 8. On the other hand, learned Senior Counsel for the Petitioners in W.P.(C) No.28702 of 2023 submits that despite the order dated 22.06.2023 having been passed by the Collector, Jajpur, Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cuttack Date: 18-Aug-2024 17:01:44 4 the Tahasildar, Vyasanagar is sitting over the matter and not taking any action for eviction of the rest of the encroachers. Therefore, he submits that the Tahasildar, Vyasanagar may be directed to evict the private Opposite Parties/ encroachers from the Government land over Hal Khata Nos.289 and 290, Mouza- Masudpur. 9. Considering the facts and submissions made by the learned counsel for the Petitioners in W.P.(C) No.40826 of 2023, this Court is of the view that the Petitioners in W.P.(C) No.40826 of 2023 have option to file Revision Petition under Section 12(3) of the OPLE Act,1972 before the Revisional Authority. However, the Petitioners instead of filing of such Revision Petition have directly approached this Court. Hence, this Court deems it appropriate to grant liberty to the Petitioners in W.P.(C) No.40826 of 2023 to approach the Revisional Authority i.e. the Collector, Jajpur along with all the required documents. 10. It is made clear that the Petitioners shall approach the Collector, Jajpur within two weeks from today and the Collector, Jajpur shall take up the issue as soon as the revision is filed. Until the matter is taken up by the Collector, no coercive action shall be taken against the Petitioners pursuant to the notice dated 21.11.2023/Annexure-16 issued by the Tahasildar, Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cuttack Date: 18-Aug-2024 17:01:44 Vyasanagar. 5 11. Accordingly, W.P.(C) No.40826 of 2023 is disposed of. 12. So far as the prayer of the Petitioner in W.P.(C) No.28702 of 2023 is concerned, this Court is of the view that since this Court has already granted liberty to the Petitioners in W.P.(C) No.40826 of 2023 to file Revision against the impugned orders therein and the prayer of the Petitioner in W.P.(C) No.28702 of 2023 is to evict them, at this juncture, it will not be proper to pass any order in W.P.(C) No.28702 of 2023. 13. Accordingly, W.P.(C) No.28702 of 2023 is disposed of. Murmu ( Dr. S.K. Panigrahi) Judge Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa Cuttack Date: 18-Aug-2024 17:01:44