PARAMESWAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application, the petitioner -Parameswar Mohanty prays for quashing of the order passed by the Additional Tahasildar, Balaosre at Annexure -5 by which he has been called upon to show cause as to why action would not be taken against him under Sections 4, 6 and 7 of the Orissa Prevention of Land Encroachment Act, 1972 for unauthorised occupation of Government land (fully described in the notice as an area of 16' x 12' Abada Jagya Anabadi, kissam Gharabari, appertaining to plot No. 173 under Khata No. 247 in mouza Purusottampur).

(2.) THE case of the petitioner is that his three sons, Amareswar, Ajiteswar and Aditeswar purchased the land measuring Ac. 0.04 of hal plot No. 135 under hal Khata Nos. 10 and 11, Ac. 0.03 of hal plot No. 136 and Ac. 0.07 of hal plot No. 137, in mauza Samaraipur from one Smt. Pravavati Ghosh by a registered sale -deed dated 17.4.1978 and they have been in possession of the aforesaid land from the date of the execution of the sale -deed in their favour. The petitioner's sons have started construction of pucca houses over the land for the purpose of letting them on rental basis. The Tahasildar (opp. party No. 4) with an ulterior motive illegally directed the Revenue Inspector, Kirachora to visit the spot and report about the construction made by the petitioner's sons. The Revenue Inspector inspected the site and reported that the construction was being made on the land in Samaripur which belongs to the sons of the petitioner. Being dissatisfied with the report of the Revenue Inspector, the Tahasildar further deputed at survey knowing Amin of the Government to measure the area on which construction was going on and submit the report. The Amin in his report dated 19.4.1997 after making spot verification reported that there is no encroachment made by the sons of the petitioner. Despite the aforesaid reports, the Tahasildar, however, directed the Revenue Inspector on 21.4.1997 to submit 'G' form as provided under Rule 3 of the Orissa Prevention of Land Encroachment Rules. On receipt of the aforesaid direction, the Revenue Inspector, Khirachora submitted on the very same day i.e. on 21.4.1997 'G' form stating therein that an area measuring 16' x 12' of plot No. 173 in mouza Purusottampur is in unauthorised occupation of the petitioner and the encroached land is Abada Jogya Anabadi'. The allegation of the petitioner is that on the basis of the aforesaid 'G' form submitted by the Revenue Inspector, the Additional Tahasildar without applying his mind illegally passed the impugned order on 22.4.1997 at Annexure -5 calling upon him to show cause as to why action would not be taken under Sections 4, 6 and 7 of the aforesaid Act.

(3.) SHRI Mohapatra, learned senior counsel raised two points in support of the application :