MITU BEHERA Vs. COLLECTOR AND ORS.

JUDGEMENT

(1.) BY filing this writ petition, the petitioner has assailed the order passed by the Appellate Authority as available under Annexure 5 (Series). It is brought to my notice that the issue involved in the Encroachment proceeding has already visited this Court in two of the writ petitions. In the first round of litigation at the instance of the interveners this Court while disposing the writ petition No. 23524 of 2012 passed the following order:

(2.) IT is submitted by the learned counsel for the petitioners that in this regard, the petitioners have already filed a representation before the Collector, Mayirbhanj with a copy to the Sub - Collector, Baripada and Tahasildar, Baripada. Since the Tahasildar, Baripada is the competent person to dispose of the representation of the petitioners, he is directed to make spot inspection and if he found that encroachment is made upon the Government land, he should take necessary action for evicting the encroachers from the Government land.

(3.) I find that the order passed in the Encroachment Proceeding has been challenged by the petitioner in an Encroachment Appeal No. 2 of 2013. He has a right to file an Appeal against the final order passed in OPLE proceeding following the Section 12 of the OPLE Act. Intervener petitioner's objection to the effect that the petitioner is precluded from filing an appeal in view of directions of this Court in two writ petitions has no legal foundation. Since the Appeal is filed at the instance of the petitioner, the Appellate Authority is duty bound to take a final decision in terms of the provision contained in Section 12 of the OPLE Act.