GOPAL SAHU Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) By filing the present writ application, the petitioner raises an apprehension of demolition of the house of the petitioner standing on plot no.571 under khata no.549 measuring A.0.01 decimal in Mouza-Kaduapada in the district of Jagatsinghpur.

(2.) In the present writ application, the petitioner had submitted that in an earlier attempt he had moved this Court in 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 initiation of the proceeding itself was defective.

(3.) Mr.Mohanty, learned counsel for the petitioner, challenging the impugned action of the opposite parties, contended that in presence of the Civil Court decree and in absence of initiation of any proceeding under the O.P.L.E. Act, the authorities have no right to proceed for demolition of the house of the petitioner.