KARTIK SAHOO Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) This writ application has been filed in apprehension of demolition of the structure belonging to the petitioner standing on plot no.570 under khata no.549 measuring A.0.01 decimal in Mouza-Kaduapada in the district of Jagatsinghpur.

(2.) By filing the present writ application, the petitioner submitted that earlier he had moved this Court in filing O.J.C.1021/1969 challenging the order passed in an encroachment proceeding and the same was set aside, vide order dated 20.11.1969 holding that such initiation of the proceeding was itself defective.

(3.) Mr.Mohanty, learned counsel for the petitioner, submitted that in the meantime the petitioner preferred a suit before the learned Munsif, Jagatsinghpur for declaration of his right, title and interest over the disputed land, vide T.S. No.71/1991, which was also decreed in favour of the petitioner and while the matter stood thus and the decree standing in favour of the petitioner covering the disputed land, the O.P.-State Authorities made an attempt for demolition of the house of the petitioner from the disputed land resulting the petitioner preferring the present writ application.