PRAFULLA KU MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, challenge is made to the order dated 31.3.2015 passed by the Addl. District Magistrate, Cuttack, in OPLE Revision No.1 of 2015 whereby and whereunder the Addl. District Magistrate, Cuttack dismissed the revision and confirmed the order dated 6.12.2014 passed by the Sub -Collector, Athagarh, opposite party no.3, in OPLE Appeal No.55 of 2013 vide Annexure -4. By order dated 6.12.2014, opposite party no.3 confirmed the order of eviction dated 8.5.2013 passed by the Tahasildar, Narasinghpur, opposite party no.4, in Encroachment Case No.418 of 2012 -13, vide Annexure -3.

(2.) The case of the petitioner is that Encroachment Case No.418 of 2012 - 13 was initiated against him by the Tahasildar, Narasinghpur, opposite party no.4, in respect of the Government land appertaining to Khata No.355, Plot No.1010, area Ac.0.15 dec. of Mouza -Kuranja in the district of Cuttack. Pursuant to issuance of notice, he appeared before opposite party no.4 and filed a show cause contending, inter alia, that the land in question had been donated to his father by the Ex -Ruler of Narasinghpur for performing seva puja of Lord Bholanath Bije Baselihata. At the relevant point of time, the kissam of the land was Bagayat. After death of his father, he is in possession of the land for more than 30 years. Opposite party no.4 directed the petitioner to produce the documentary evidence in support of his stand. Accordingly, the case was adjourned to 12.4.2013. He could not trace out the yearold documents of the land and prayed more time. Again the same was adjourned to 23.4.2013. On 23.4.2013, he filed a petition to refer the matter to the Sub -Collector, Athagarh, opposite party no.3, for enquiry into his possession over the land for more than 30 years. Opposite party no.4 did not consider his petition and put up the case to 8.5.2013 for order and field enquiry to be made in the case. The opposite party no.4 made a field enquiry on 6.5.2013 without issuing notice to the petitioner as well as public. Basing on the same, the case was disposed of on 8.5.2013 directing the office to issue Form -G for realization of penalty. Opposite party no.4 also directed to the office to issue eviction order in Form -B against the petitioner to remove the encroachment. He challenged the same before the Sub -Collector, Athagarh, opposite party no.3, in Encroachment Appeal No.55 of 2013 under Section 12(1) of the Orissa Prevention of Land Encroachment Act, 1972 (hereinafter referred to as "the OPLE Act"), but the appeal was dismissed in the Lok Adalat on 6.12.2004, vide Annexure -4, in the absence of his lawyer. He unsuccessfully challenged the same in OPLE Revision No.1 of 2015 before the Additional District Magistrate, Cuttack. The same was eventually dismissed.

(3.) On 9.7.2015 this Court directed the petitioner to file an affidavit indicating therein the amount of pension he is getting. On 13.7.2015 when the matter was taken up, the petitioner filed an affidavit stating therein that he has retired from service on 31.3.2009. On retirement his pension is fixed at Rs.9825/ - per month. He is getting a sum of Rs.6760/ - per month towards pension. Out of the pension amount, a sum of Rs.3065/ - is deducted towards loan. It is further stated that he is getting a sum of Rs.18,491/ - as pension on deduction of commuted loan. The said affidavit be kept on record.