Judgement

G. K. MISRA, C.J. :- By Annexure '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.

The notice may be extracted in toto :-

"Memo No. 1444 dated 5-4-1989.

Order of Eviction.

Notice under Section 6(4) of 1968 of the O. P. L. E. Act.

Encroachment Case No. 142 of 1968 against Brahmananda Sahu and others.

To

The Tahsildar, Jagatsinghpur.

"Whereas after due enquiry the undersigned is satisfied that Shri B. N. Sahu, Natabar Sahu, Bhagabat Sahu, Indramani Sahu, Banamali Sahu, Adikanda Sahu, Govinda Sahu and Basanta Sahu, Village Garmal, P. S. Jagantsinghpur, has unauthorisedly (in) occupation of the land detailed below which is the property of Government and in spite of service of notice under Section 6(1) of O