HRUSIKESH PRADHAN Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) Challenging, inter alia, the initiation of the proceeding under the Orissa Prevention of Land Encroachment Act (hereinafter referred to as "the OPLE Act") and the order of eviction passed by the Tahasildar, Kendrapara, opposite party no.3, in Encroachment Case No.2 of 2015, vide Annexure-10, the petitioner has filed the present writ petition.

(2.) The case of the petitioner is that Hal Plot No.127, area Ac.0.09 dec., Plot No.128, area Ac.0.10 dec. and Plot No.129, area Ac.0.17 dec. were recorded in the name of Hadibandhu Pradhan and others, the predecessors-in-interest of the petitioners in the sabik record-of-right. The ancestral house of the petitioner exists over the same. In the family partition, Sabik Plots No.113 and 114 appertaining to consolidation Plot Nos.127, 128 and 129 was allotted to the father of the petitioner. After his death, the petitioner and his two brothers are in possession by partitioning the same. The petitioner is in possession of the consolidation plot no.128.

(3.) The further case of the petitioner is that when he was constructing first floor, a notice was issued by the Tahasildar, Kendrapara, opposite party no.3, under Section 6A of the OPLE Act in Encroachment Case No.2 of 2015, vide Annexure-5. Pursuant to the same, he stopped the construction, met the opposite party no.3 and apprised him that he is making construction over his stitiban land. But then the opposite party no.3 stated that the plot over which the petitioner is making construction has been shown as Government land. On enquiry, after comparison with the Sabik Map and Hal Map, it is found that in the consolidation map, the plot has been shown wider. Thereafter, he filed a revision before the Commissioner, Consolidation and Settlement for correction of the map, which is pending.