JAIDAV Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is an owner of a timber store at Suratgarh. According to his own admission made in the petition he committed trespass of the adjoining land of his store and is in possession of the same since long, for which first time it was given notice on 8. 11. 76 (Annex. 1) then on 14. 1. 86 (Annex. 2) and then on 9. 7. 99 (Annex. 3 ). THE third notice at Annex. 3 dated 9. 7. 99 was replied by the petitioner which was received by the Municipality on 14. 7. 99 (Annex. 4 ). Immediately on the next day i. e. on 15. 7. 99 another notice was given by the respondent No. 3 calling upon the petitioner to remove the encroachment within seven days failing which the proceedings will be initiated against him under Sec. 203 of the Municipalities Act, 1959. Against this notice, the petitioner has filed this petition before this Court on 22. 7. 99 i. e. yesterday.

(2.) ON a written application dated 22. 7. 99 for listing his petition early, yesterday I granted permission to the petitioner to move this matter today as it was stated in the application that petitioner will be dis-possessed from the land in question.

(3.) IN view of the peculiar facts and circumstances and the admitted fact that the petitioner is a trespasser, he cannot be allowed to challenge impugned notice at Annex. 5. The respondent Municipality cannot be prevented from proceeding against him in accordance with law as per notice dated 15. 7. 99 (Annex. 5 ).