MITA DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel appearing for the parties.

(2.) There is serious allegation that in issuing notice in Encroachment Case No.2/21-22 on 28/7/2021, the Tahasildar Kakatpur fixed the case to 15/9/2021 itself. It is alleged even though the encroacher had appeared on the same date but in absence of any show-cause being filed and without even giving an opportunity of hearing to the encroacher, the Tahasildar on the same day not only disposed of the proceeding but has also come to assess the levy as well as penalty imposing therein a sum of Rs.4.00 towards levy assessment and Rs.1,000.00 towards penalty and issued 'J' slip on the same day.

(3.) Learned counsel appearing for the petitioner submits that the encroacher since an illiterate woman and not well aware of law involved, in the event there was already appearance of encroacher in the interest of justice, the Tahasildar should have at least provided one more opportunity to the petitioner file show-cause. There is also allegation that in the event the Tahasildar taking up the matter for final hearing ought to have recorded the submission of the encroacher and also recorded his own finding before coming to observe the petitioner as an encroacher. It is in the above background, petitioner prays this Court in interference of this Court in the impugned order at Anenxure-1 and 2 herein.