AI Structured Summary
Not yet generated for this judgment
Judgment
The last listing of the present petition was on 26th February, 2013 which is more than eight and half years ago.
The allegation in the present petition was about encroachment made on the gochar land by Opposite Party Nos.7 to 37. They have filed an affidavit
disputing the allegations. No rejoinder has been filed thereto.
Since the petition raises the disputed question of facts, the Court does not consider it appropriate to entertain the petition. However, it will be open
to the Petitioner, if the cause of action still survives, to ascertain the factual position as of date, and make a fresh representation not later than 4th
October, 2021 naming the persons
who have allegedly encroached on gochar land. If such a representation is submitted, then the Opposite Party No.4 (Tahasildar, Pattamundai) will
cause an inquiry to held by issuing notice to the Petitioner as well as the alleged encroachers and after hearing them pass a reasoned order not later
than 20th December, 2021.
It is made clear that this Court has not expressed any opinion on the contentions of the Petitioner. If the Petitioner is aggrieved by the decision of
Opposite Party No.4, it will be open to him to seek appropriate remedies in accordance with law.
The writ petition is disposed of in the above terms.
An urgent certified copy of this order be issued as per rules.
…………………………