SATYANARAYAN SAHU Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) IN this writ application under Article 226 of the Constitution of India, the petitioner has assailed the notice issued by the Tahasildar, Sonepur, opposite party No. 2, in Encroachment Case No. 45 of 1997, vide Annexure -4.

(2.) SHORT facts of the case of the petitioner are that his forefathers reclaimed a portion of the land appertaining to Plot No. 40, Khata No. 6, area of Ac. 0.009 dec. of Mouza -Sahajpita during the year 1928 and constructed a thatched house thereon. In the year 1951, his father started a tailoring shop in the said house. The petitioner constructed a new house after demolishing the existing one and opened a tailoring shop in the year 1968. While the matter stood thus, the opposite party No. 2 initiated a proceeding under the Orissa Prevention of Land Encroachment Act, 1972 (hereinafter referred to as "the OPLE Act") against the petitioner, which was registered as Encroachment Case No. 90 of 1994. After receipt of the notice, he entered appearance and submitted that he is in possession of the land since 1951 and prayed for settlement of the same. But then a fine of Rs. 500/ - was imposed on him. He deposited the said amount. Again another case being Encroachment Case No. 45 of 1997 was initiated against him by the opposite parties. Pursuant to issuance of notice, he appeared before the opposite party No. 2 and contended that he is in possession of the land continuously without any interruption since 1928 which includes the possession of his father. He prayed for settlement of the said land on the ground that he has no homestead land and ekes out his livelihood by running a tailoring shop. On 1.5.1997, opposite party No. 2 issued notice to him to vacate the said land, vide Annexure -4. With this factual scenario, this writ petition has been filed.

(3.) HEARD Mr. Padhi, learned counsel for the petitioner and learned Addl. Government Advocate for the State.