BRAHMANANDA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY Annaxure 'C' dated 2 -4 -1969 the Subdivisional Officer, Jagatsinghpur, passed an order of eviction and issued notice under Section 6(4) of the Orissa Prevention of Land Encroachment Act, 1953 (Orissa Act 15 of 1954) (hereinafter to be referred to as the Act) directing the Tahsildar, Jagatsinghpur, to execute the eviction order and to do certain other acts.

(2.) THE petitioner's case is that the disputed plot No. 3147 is contiguous to their homestead plot and is in their possession since the time of their ancestors. Various fruit -bearing trees were planted and still stand on the land. There are about 100 trees including 32 coconut trees, 12 mango trees and 1 tamarind tree.

(3.) BEFORE examining the constitutionality of Section 6 the scheme of the Act may be noticed.Section 2 enumerates as to what are the properties of Government. It says that