Chandra Sekhar Mohanty And Others vs State Of Odisha And Another

The writ petition has been listed under heading ‘To Be Mentioned’ at instance of petitioners. Mr. Bose, learned advocate appears on their behalf and submits, yesterday there was order made directing, inter alia, fresh notice to opposite party nos.4 to 6. He files memo of date saying that names of opposite party nos.5 and 6 be deleted as no relief has been sought against them in the writ petition. He submits further, his information is that said opposite parties have died.

He also files another memo of date disclosing notice dated 15th March, 2023 (yesterday), issued by the Tahsildar requiring his clients to appear at 11:00 A.M. on 23rd March, 2023, on the authority asserting that they are encroachers. He prays for interim protection in the application (I.A. no.3379 of 2023) filed.

Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and opposes the prayer for interim protection. He submits this is just a notice to appear and explain and, furthermore, it has been issued under Odisha Prevention of Land Encroachment Act, 1972, being a subject relating to assignment of the learned Single Judge. His still further submission is that he will obtain instructions regarding whether subject matter of the notice under the Act of 1972 is the same as in this writ petition.

Impugned in the writ petition is order dated 15th November, 2017 made in appeal. It appears therefrom that petitioners had favourable order from the Tahsildar, set aside in appeal, in respect of land which they claim to be occupying. It is clear that consequent to appellate order, petitioners have been noticed under the Act of 1972, as encroachers. In event subject matter of the notice and the writ petition are the same, petitioners are faced with eviction pursuant the order impugned herein. In the circumstances, there will be order of status-quo till next date of hearing. If the subject matter of the notice and the writ petition are different, State can have no objection. If they are same, petitioners need to be protected.

Our yesterday’s order is modified to effect that there will be issuance of fresh notice along with this order on opposite party no.4, by registered/speed post with A.D. Petitioners will put in requisites.

Relying on the memo filed and submissions on behalf of petitioners recorded above, they are granted liberty to cause deletion of names of opposite party nos.5 and 6 in the cause title, to be made in Court and counter signed by Court Master. Consolidated cause title be filed, circulated and served on opposite party no.4.

List on 6th April, 2023.

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