WP(C)/11424/2021
2021 Latest Caselaw 4637 Ori

W.P.(C) No.11424 OF 2021

03. 06.04.2021: The matter is taken up through video conference mode.

The Petitioner, by filing this application, has prayed for a direction to the Opposite Parties not to evict the Petitioner from the land under Plot No.460/3162 appertaining to Khata No.1988 in Mouza- Bhubaneswar Sahar Unit No.30, Laxmisagar-I under New Capital P.S., measuring an area of Ac.0.034 decimals.

The detail schedule of land under a memo being sent by the learned counsel for the Petitioner through e-mail has been downloaded and taken on recrord.

Learned counsel for the Petitioner submits that this Petitioner has been in occupation of the land in question for more than 40 years from the time of her mother. He further submits that the Petitioner is residing in a house constructed over the said plot of land and has taken the electric line and water connection to the said house. He further submits that as the Petitioner recently received a threat of being evicted, she has approached this court.

Learned Additional Government Advocate submits that none of these documents filed by the Petitioner indicate or provide even any hint as to the Petitioner's occupation in so far as the land question is concerned. The ROR also does not indicate that the Petitioner is in possession of the said land.

Keeping in view the submissions made, the petition averments as well as the documents annexed thereto being gone through, it is seen that the estimate letter as to provide electric connection as also the receipt relating the payment of electricity and water charges have no nexus with the land. In the record of right filed, no such note of // 2 //

possession in respect of the plot of land stands in favour of the Petitioner.

For all the aforesaid, this Court does not reason/justification to entertain this application with the prayer as have been advanced therein so as to exercise the extra ordinary writ jurisdiction.

Accordingly, the writ application stands dismissed. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order/judgment available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020.

(D. Dash) Judge Basu