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Judgment
The present petition has been filed as a Public Interest Litigation (PIL) praying for eviction of alleged encroachers on gochar land, smasan and ponds and situated over Plot Nos.3163, 3164, 2594, 3167 and 3168 of Khata Nos.916 and 917 of Mouza-Sidhal in the district of Jagatsinghpur.
This is the second round of litigation. Earlier W.P.(C) (PIL) No.3410 of 2015 filed by the Petitioners was disposed of by an order dated 27th March, 2015 of this Court directing the Collector, Jagatsinghpur to dispose of the Petitioners’ representation dated 18th August, 2014.
It is stated that the Collector, Jagatsinghpur then took up the matter and called for the relevant case records from the Tahasildar along with a report. It was indicated in the report that the land has not been settled in favour of “Maa Ambika Sikshasrama” as alleged. The field report also stated that there was no encroachment of the land in question. Since the Petitioners failed to produce sufficient documents as to substantiate their allegation of illegal encroachment, the Collector, by a speaking order, dropped the proceeding.
The counter affidavit was filed way back on 12th April, 2017 and for over 5 years now no rejoinder has been filed to contradict any of the averments therein.
With the Petitioners unable to produce any material to substantiate their allegations about encroachment, the Court sees no reason to interfere.
The writ petition is accordingly dismissed.
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