JUDGMENT :

R.N. Misra, J. - Challenge in this application under Article 226 of the Constitution is to the order of the Tahsildar of Betanoti (opposite party no. 4) directing eviction of the petitioner in a proceeding under the Orissa Prevention of Land Encroachment Act, 1972 (hereinafter referred to as the 'Act') and the appellate and the revisional orders upholding the direction for eviction.

2. The Revenue Inspector of Betanoti reported to the Tahsildar that the petitioner had encroached upon 35 decimals of land in plot no. 1596. Overruling the petitioner's objection on the ground that the land which belonged to a Deity had been settled with him by the Sub-Divisional Officer as its trustee, the Tahsildar ordered eviction on 31-12-1975 vide Annexure-7. In appeal, petitioner contended that the land in question was not property of Government and as such the statute had no application. The Sub-Divisional Officer did not examine the question but upheld the order of eviction. Before the Additional District Magistrate in revision, the objection was reiterated. The revisional authority extracted the entire section 2 of the Act in his order and took the view that sub-clause (e) of section 2