Duryodhan Bhukta vs Government Of Odisha

Mr. Das, learned advocate appears on behalf of petitioner and submits, his client is an illiterate person. He has been residing in the land for last 35 years. Notice dated 15th December, 2022 was issued by the Tahasildar, for eviction. His client replied to the notice asking for settlement of the land, being a homesteadless person. His client is before the Court seeking relief. He belongs to a scheduled caste and is a daily wager.

Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and points out, impugned is the eviction notice issued under Odisha Prevention of Land Encroachment Act, 1972. That makes the writ petition covered by entry-3 in assignment list of the Hon’ble Dr. Justice B.R. Sarangi. This Bench does not have assignment.

Mr. Das opposes the submission. He submits, prayer of his client is for settlement of the land and interim relief against eviction therefrom pending consideration of his client’s case for settlement. That is prayer made in the writ petition. He submits further, the Tahasildar is the authority for settlement as well as for eviction under the Act of 1972. This Bench has assignment.

We accept Mr. Das’s submission on assignment. The Tahasildar (opposite party) is directed to consider reply dated 23rd December, 2022 to the show cause notice regarding petitioner’s prayer for settlement of land being a homesteadless person. The consideration must be made under provisions of Odisha Government Land Settlement Act, 1962. Considering that petitioner is an illiterate person, the authority will assist petitioner in making application in prescribed form, if that is absolutely necessary. Pending consideration of petitioner’s prayer for settlement, thereafter communication of the decision to petitioner and till three weeks therefrom, petitioner’s possession is not to be disturbed.

The writ petition is disposed of.

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