JUDGMENT :

Biswanath Rath, J.

By filing the present writ application, the petitioner raises an apprehension of demolition of the house of the petitioner standing on plot no.571 under khata no.549 measuring A.0.01 decimal in Mouza-Kaduapada in the district of Jagatsinghpur.

2. In the present writ application, the petitioner had submitted that in an earlier attempt he had moved this Court in O.J.C.1021/1969 challenging the order passed in an encroachment proceeding and the same was set aside, vide order dated 20.11.1969 holding that initiation of the proceeding itself was defective.

The petitioner in the meantime preferred a suit before the learned Munsif, Jagatsinghpur for declaration of his right, title and interest over the disputed land, vide T.S. No.72/1991, which was also decreed in favour of the petitioner.

While the matter stood thus and the decree standing in favour of the petitioner, surrounding the disputed land the O.P.-State Authorities made an attempt for demolition of the house of the petitioner from the disputed land resulting the petitioner preferring the present writ application.

3. Mr. Mohanty, learned counsel for the petitioner, challenging the impugned action of the op