JAGABANDHU ROUT Vs. COLLECTOR, KENDRAPARA

JUDGEMENT

(1.) Challenge is made to the order dated 25.02.2014 passed by the Collector, Kendrapara, opposite party no. 1, in Encroachment Revision Case No. 04 of 2014 dismissing the same and thereby confirming the order passed by the Sub-Collector, Kendrapara, opposite party no. 2, in Encroachment Appeal No. 2 of 2014. By order dated 12.08.2014, the Sub-Collector, opposite party no. 2 confirmed the order of eviction dated 03.04.2014 passed by the Tahsildar, Kendrapara-opposite party no. 3 in Encroachment Case No. 1950 of 2013.

(2.) Bereft of unnecessary details, the short facts of the case of the petitioner are that plot no. 2015 appertaining to khata no. 751, area Ac. 0.34 dec. of Baro G.P. is a Government land. Though the nature of the said plot is recorded as Smasan, but the same was not used as a Smasan. Some villagers encroached upon a portion of the said plot in the year 1955. The petitioner has constructed a house over an area of Ac. 0.06 dec. and running his Rice Huller thereon. He is in continuous possession of the land since 1955. In the year 1981, the petitioner as proprietor of "Tara Tarini Rice Mill" at Baro applied to allot the said land on long term lease basis for his Rice-Huller business through the General Manager, D.I.C., Cuttack. The Revenue Officer, Cuttack instructed the Tahsildar to process the proposal for de-reservation of the land. Accordingly, the Tahsildar, Kendrapara, opposite party no.3 initiated a de-reservation proceeding being Baro De-reservation Case No. 52 of 1986 and de-reserved Ac. 0.06 dee. from plot no. 2015 for homestead purpose. The opposite party no. 3 had also recommended to grant lease in favour of the petitioner after taking market value. In consolidation operation, plot and khata number has been changed to 2529 and 1228 respectively. The kissam of land is homestead. Thereafter, the matter was referred to the Sub-Collector, Kendrapara, opposite party no. 2 for approval. Instead of granting lease, Encroachment Case No. 1099 of 1989 was initiated against the petitioner. Thereafter, another Encroachment Case No. 51 of 1996 was initiated against son of the petitioner. It is further stated that the petitioner and his son have filed a Title Suit No. 74 of 1998 in the Court of the learned Civil Judge (Senior Division), Kendrapara along with an application for injunction which was subsequently transferred to the learned Civil Judge (Junior Division), Kendrapara and renumbered as T.S.No. 191 of 2001. The said suit is pending adjudication. While the matter stood thus, the Sub-Collector, opposite party no. 2 issued an encroachment notice bearing Encroachment Case No. 678 of 2011 to demolish the house standing on the land. It is further stated that the opposite party no. 4 flied a writ petition, being W.P.(C) No. 1157 of 2013, before this Court for a direction to the opposite parties 1 and 2 to remove unauthorized encroachment from the land in question. By order dated 24.6.2013, the same was disposed of with a direction to the writ petitioner to file a representation before the Collector-opposite party no. 1 within a period of two weeks. It was further observed that the Collector will cause an enquiry into the allegation made by the petitioner by a competent officer and if it is found that the allegations are true, necessary action will be taken in accordance with law after issuance notice to the parties concerned. Thereafter, the Collector, opposite party no. 1 had issued notice to the petitioner for compliance of the order dated 24.06.2013 passed by this Court, vide Annexure-2. It is further stated that the petitioner flied an application for recalling the order dated 24.06.2013 passed in W.P.(C) No. 1157 of 2013. This Court directed the petitioner to raise his grievance before the Collector, opposite party no. 1. He flied objection before the Collector, opposite party no. 1, but then the Collector, opposite party no. 1 directed the Tahsildar, opposite party no. 3 for eviction of the petitioner from encroached land. Thereafter, the Tahsildar, opposite party no. 3 issued notice to the petitioner for appearance on 03.04.2014. Another notice was also issued directing the petitioner to remove the encroachment within thirty days. Thereafter, the petitioner filed writ petition, being W.P.(C) No. 6970 of 2014, before this Court, inter alia, challenging the order of Collector, opposite party no. 1 and notice of eviction issued by the Tahsildar, opposite party no. 3 in Eviction Case No. 1950 of 2013. The said writ petition was disposed of on 09.04.2014 granting liberty to the petitioner to file an appeal against the eviction order passed by the Tahsildar, opposite party no. 3, vide Annexure-3. Thereafter, the petitioner filed an appeal before the Sub-Collector, Kendrapara-opposite party no. 2, which was registered as Encroachment Appeal No. 2 of 2014. By order dated 12.08.2014, the appeal was dismissed. Challenging the said order, the petitioner filed Encroachment Revision before the Collector, Kendrapara, opposite party no. I, on 27.08.2014 along with an application for stay of eviction order. Since no number was assigned, he again approached this Court in W.P.(C) No. 17489 of 2014. By order dated 12.9.2014, vide Annexure-6, this Court directed the Collector-opposite party no. 1 to register the revision immediately and dispose of the same within a period of six months after affording opportunity of hearing to the parties. After disposal of the writ petition, the Collector, opposite party no. 1 registered the case, which was numbered as Encroachment Revision Case No. 4 of 2014. By order dated 25.02.2015, vide Annexure-7, opposite party no. 1 dismissed the said revision.

(3.) Heard Mr. S.K. Nayak-2, learned counsel for the petitioner and Mr. P.K. Muduli, learned Additional Standing Counsel for the State-opposite party.