SUDARSAN SAHOO Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed for seeking direction to the opposite party No. 2 to consider the application of the Petitioner under Annexures -1 and 2 to settle the land bearing Plot No. 324 (Part), Khata No. 619 of Mouza -Bhubaneswar measuring an area of Ac. 0.40 dec. in favour of the Petitioner accepting the premium and cost of the land and to restrain Opposite party Nos. 3 & 4 dispossessing the Petitioner from the said plot.

(2.) THE facts and circumstances giving rise to this case are that Petitioner though had no right, title or interest in the property in issue, encroached upon it prior to 1990 for running the restaurant in the name and style of 'Dildar Hotel'. In the year 1990 he made an application to opposite party No. 2 to settle the said land in his favour. As the application was not processed, he submitted another reminder on 5.2.1994, which has also not yet been disposed of. Hence this writ petition.

(3.) ON the other hand Shri A.K. Mishra, learned Counsel appearing for opposite party Nos. 3 & 4 and Shri P. Panda, learned Add. Standing Counsel for the State have vehemently opposed the petition contending that the copy of any such scheme floated by the State or any other authorities is not placed on record. Petitioner is a rank -trespasser. He ought to have prosecuted for such illegal activity. The writ petition seeking the relief of settlement of the land which has been encroached upon forcibly cannot be entertained as he has no legal right to do so. It has further been pointed out that Petitioner has also filed a Civil Suit No. 263 of 2006 before the learned Civil Judge (J.D.), Bhubaneswar which is still pending consideration and wherein no interim relief has been granted to the Petitioner. Petitioner has approached this Court by suppressing material fact. The petition is liable to be dismissed only on this ground. It has further been submitted that the said land belongs to the General Administration Department of the Government of Orissa which has been given to Railways and the Railway is being the licence holder and is paying licence fees amounting to Rs. 3,72,501/ - per month to the State Government and taking all responsibilities of maintaining the same. Therefore, the petition is liable to be dismissed.