IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No.9030 of 2024
Durga Shankar Sahoo & Anr. …. Petitioners
Represented By Adv.
Mr. Sankar Prasad Pani
-versus-
State of Odisha & Ors. Opposite Parties
Represented By AGA
Mr. D. Mund
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 31.08.2024
No.
01. 1. This matter is taken up through hybrid arrangement.
2. In filing this Writ Petition, the Petitioners have sought
for a direction from this Court to the Opposite Parties to
remove the encroacher from the Government land i.e.
Plot No.906 under Khata No.424 as per the representation
dated 30.10.2023 submitted before the Collector, Balasore.
3. Heard learned counsels for the Parties.
4. Learned counsel for the Petitioners submits that the
Petitioners are co-villager, who have approached this
Court with a grievance that the one encroacher Opposite
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Party No.4, who has encroached the Gochar land i.e. Plot
No.906 under Khata No.424 of an Area A0.005 decimal
which is used by the Petitioners and the people of the
locality for grazing of cows.
5. He further submits that the Opposite Party
No.3/Tahasildar, Jaleswar, District-Balasore after
receiving the direction from the Opposite Party
No.2/Collector, Balasore had made an enquiry and found
that there is a concrete building of 280 Sq. ft. in the name
of Radha Krishna Club. Despite the report given by the
R.I. to the Opposite Party No.3/Tahasildar, Jaleswar,
District-Balasore, the said building is still existing in the
said plot.
6. Considering the facts and in view of the submission
made by the Petitioner, the Opposite Party
No.3/Tahasildar, Jaleswar, District-Balasore is directed to
take appropriate steps to remove the encroacher from the
aforementioned gochar land at the earliest possible
preferably within a period of one month from the date of
presentation of an authenticated copy of this order. If the
Opposite Party No.3/Tahasildar, Jaleswar, District-
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Balasore fails to do so it is presumed that he shall be
hauled up with contempt.
7. It is directed that no coercive action shall be taken
against the Petitioner till the matter is taken up by the
Opposite Party No.3/Tahasildar, Jaleswar, District-
Balasore.
8. Accordingly, the Writ Petition is disposed of.
(Dr. S.K. Panigrahi)
Judge
Sumitra
Signature Not Verified
Digitally Signed
Signed by: SUMITRA NAYAK
Designation: Jr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 01-Sep-2024 12:53:53
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