MANORANJAN BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned Addl. Standing Counsel.

(2.) THE limited grievance of the petitioners in the present writ application is that they are in possession of the property in question from the time of their ancestors for much more than 30 years by constructing small residential houses thereon and that they are landless persons and they have no property far -less homestead property standing in their name. It is further stated that the petitioners have no shelter excepting small residential houses constructed by them over the plots of the land in question.

(3.) IN our opinion, the orders of eviction passed against the petitioners cannot be sustained, the same having been passed prior to the date fixed for filing of show cause. We, therefore, have no hesitation to quash the said orders of eviction passed against the petitioners and accordingly, the same are quashed. We direct the Tahasildar, Jaleswar to grant opportunity to the petitioners to file their show cause pursuant to the notices under Annexure -1 series and upon receiving the same, if filed, to adjudicate the encroachment cases afresh as per the provisions of the O.P.L.E. Act. While doing so, he should also give opportunity of hearing to the petitioners.