JUDGMENT :

A.K. Rath, J.

Plaintiff is the appellant against a reversing judgment in a suit for declaration of title and permanent injunction.

2. The suit schedule property appertaining to khata no.2102, plot no.1905, area Ac.0.010 dec. situates in front of Dhenkanal Headquarters Hospital.

3. The case of the plaintiff is that he started his grocery business over the suit land. The same was recorded in the name of the Government. He was in occupation of the land since more than 46 years. The Ex-Ruler of Dhenkanal had encouraged the people to occupy lands, since the area was not developed. The Ex-Ruler allowed him to stay over the land. His family constructed their house over another place, but then the suit land was reserved for their business. While the matter stood thus, he received a notice in the year 1969 under Sec.7 of the Orissa Prevention of Land Encroachment Act (hereinafter referred to as “OPLE Act”) to vacate the land. He filed a writ petition before this Court stating therein that he was in possession of the land peacefully, openly and without any interference of the defendants for more than 40 years. The order of eviction was quashed. Thereafter the Tahasildar, Dhenkanal, de