Sabitri Jena vs State Of Odisha And Others
2023 Latest Caselaw 9092 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.P.(C) No.25776 of 2023

          Sabitri Jena                                 ....               Petitioner
                                                       Mr. P.K. Mishra, Advocate


                                            -Versus-


          State of Odisha and Others                    ....         Opposite Parties
                                                               Ms. S. Mishra, ASC
                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK
                                           ORDER

11.08.2023 Order No.

01. 1. Heard learned counsel for the petitioner and Ms. Mishra, learned ASC for State opposite parties.

2. Instant writ petition is filed by the petitioner challenging the initiation of the proceeding in L.E. No.4-205/2023 in respect of Hal Plot 595, Hal Khata No.329 situate in the concerned Mouza under Bhograi Tahasil in the district of Balasore on the grounds stated therein.

3. Learned counsel for the petitioner submits that the land in question is in possession of the petitioner as against which a decree was passed by the court of learned Civil Judge (J.D.), Jaleswar, Balasore in T.S. No.152 of 2003 and by referring to Annexure-2, it is claimed that no appeal has been filed against it. Mr. Mishra further submits that notice in Form 'Ka' under Annexure-4 followed by Annexure-6 was without considering the show cause, a copy of which is at Annexure-5. It is submitted that since the petitioner is the owner in respect of the schedule land and as the decree of the civil court has not been challenged and set aside and such initiation of the encroachment proceeding against him and that too without

considering the show cause i.e. Annexure-5 is hence arbitrary and illegal and not tenable in law and thus, liable to be interfered with.

4. Ms. Mishra, learned ASC for the State opposite parties submits that since the show cause is filed by the petitioner, if the Court is inclined, appropriate order may perhaps be passed with a direction to opposite party No.4 to consider the same in accordance with law.

5. As the petitioner claims ownership in respect of the schedule land by virtue of a judgment of the civil court, a copy of the same as at Annexure-1 and claims that no appeal was filed any time thereafter referring to Annexure-2 and since show cause is submitted by him immediately after issuance of notice in Form 'Ka' and thereafter followed by Annexure-6, the Court is of the view that said reply which is received from him should be examined by the authority concerned for a final decision.

6. Hence, it is ordered.

7. In the result, the writ petition stands disposed of with a direction to opposite party No.4 to consider the show cause in L.E. No.4-205/2023 and after providing opportunity of hearing to the petitioner, to dispose of the same as per and in accordance with law at the earliest preferably within a period of four weeks from the date of receipt of a copy of this order and till such time, Annexure-6 shall not be given effect to.

8. A certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge

Signature Tudu Not Verified Digitally Signed

Reason: Authentication Location: OHC,CTC Date: 14-Aug-2023 10:59:14