SILU EKKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has filed this Writ Petition challenging the action of the Opposite Parties in threatening to evict her from the Government land and demolish her house by use of force though she has perfected her right, title and interest over the said land by way of adverse possession and the land in question is to be settled in her favour under Section 8 -A of the Orissa Prevention of Land Encroachment Act, 1972 (for short 'the Act'). The Petitioner alleged that the Opposite Parties without adopting the procedure of law are trying to evict her and demolish her house in violation of the provisions of the Act and principles of natural justice. The Petitioner has accordingly prayed for a direction to the Opposite Parties to settle the said, land in her favour.

(2.) THE brief facts of the case is that Khata No. 814, Plot Nos. 1123/1, 1124/1 and 1723/1, measuring an area of AO. 19 decs. in village Brahmani Tarang in the district of Sundergarh is an Anabadi land which belongs to the State Government. On the basis of a report from the local Revenue Inspector ('R.I.' for short), Encroachment Case No. 1 of 2006 was initiated against the Petitioner by the Tahasildar, Panposh, Kuarmunda under the provisions of the Act. A notice to show cause was issued to the Petitioner to show cause as to why she shall not be evicted from the disputed land as she has encroached on the said Government land.

(3.) THE Tahasildar, Kuarmunda, Opposite Party No. 3 after considering the show -cause filed by the Petitioner and after hearing her in Encroachment case No. 1 of 2006 vide Order Dated 10.1.2006 passed the following order: