Balabati Pradhan vs State Of Odisha & Others

R.K. Pattanaik, J

Heard learned counsel for the petitioner and Mr. Patra, learned ASC for the State opposite parties.

Instant writ petition is filed by the petitioner for a direction to the opposite parties and particularly, opposite party No.2 to remove the encroachment from over his own plot considering the representation i.e. Annexure-3 pending decision till date.

Learned counsel for the petitioner submits that there has been encroachment of Plot No.7/1984, Khata No.518/77 by the local Administration with a construction recently put up and in that respect, representation i.e. Annexure-3 has been submitted, which is not yet considered and disposed of, hence, the writ petition.

Mr. Patra, learned ASC for the State submits that since encroachment is alleged and a representation by the petitioner vide Annexure-3 stated to be pending, if the Court is inclined, appropriate order may be passed in that regard for its disposal according to law.

Gone through Annexure-1, a copy of the RoR which is in respect of the private plot owned by the petitioner. Referring to Annexure-2, encroachment of a portion of the said plot is alleged by the petitioner against the local Administration with the claim that construction is already started over the same. From Annexure-3, the Court finds that the petitioner has already moved the learned Collector, Balasore in the meantime.

Having regard to the above facts and submissions of learned counsel for the respective parties and since it is claimed by the petitioner that he has measured his own plot in the meantime revealing the encroachment, the Court is of the considered view that Annexure-3, which is stated to be pending till now, should be directed to be examined by opposite party No.2.

Accordingly, it is ordered.

In the result, the writ petition stands disposed of with a direction to opposite party No.1 to forward the representation i.e. Annexure-3 to opposite party No.2 for its examination and final orders and if necessary, latter shall provide a personal hearing to the petitioner and to take a final decision in the matter as soon as possible preferably within a period of six weeks from the date of receipt of a copy of this order.

Urgent certified copy of this order be issued as per rules and in course of the day.

A copy of the order be handed over to Mr. Patra, learned ASC for the State for its onward intimation to opposite party Nos.1 and 2 for early compliance.

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