The classification of land as 'Rasta' falls under the definition of 'public premises' in the eviction statute, thus the eviction proceedings initiated against unauthorized occupants are legally valid.

JUDGMENT:

S.K. Panigrahi, J.

1. The Petitioner, in the present Writ Petition, is challenging the initiation of O.P.P. Case No.55/2015 by the Sub-Collector-cum-Estate Officer, Sadar, Sundargarh, under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972.

2. The Petitioner is further assailing the appellate order dated 19.07.2016 passed by the Collector, Sundargarh, whereby the appeal was dismissed and the eviction order dated 26.09.2015 passed by the Sub-Collector-cum-Estate Officer, Sadar, Sundargarh was upheld.

I. FACTUAL MATRIX OF THE CASE

3. The brief facts of the case are as follows :

(i) The Petitioner is a religious institution of the Muslim community situated at Rajgangpur in the district of Sundargarh.

(ii) A burial ground exists over Plot Nos. 1055 and 1056 situated within the territorial jurisdiction of Rajgangpur Municipality. The said land has been continuously used by members of the Muslim community for burial purposes for over a century. It is believed that a saint, known as Lal Baba, spent his final days at Rajgangpur and was buried at the said burial ground. Subsequently, a prayer house, referred to as the Lal Baba Dargah or Mazhar, was constructed at the site approximately forty years ago. The Dargah continues to attract devotees from across various regions who visit to offer prayers and seek blessings.

(iii) In the absence of sanitation facilities being provided by the civic or governmental authorities, the Lal Baba Managing Committee constructed thirteen toilets and bathrooms, comprising six for women and seven for men, on adjacent Plot Nos. 1052/P, 1053, and 1054 under Khata No. 518 and Khata No. 1 of Mouza Rajgangpur Ka. These facilities have reportedly been in continuous use since their construction.

(iv) A notice dated 16.09.2015 was issued to the Petitioner by the Sub-Collector-cum-Estate Officer, Sadar, Sundargarh under Section 4 (1) of the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972 in O.P.P. Case No. 55 of 2015. The notice alleged unauthorised encroachment over Plot Nos. 1052/P and 1054 under Khata No. 518 and Plot No. 1053 under Khata No. 1 of Mouza Rajgangpur Ka, and called upon the Petitioner to show cause by 26.09.2015 as to why an order of eviction should not be passed.

(v) Subsequently, the Sub-Collector-cum-Estate Officer, Sadar, Sundargarh, upon recording that no reply had been filed by the Petitioner to the show cause notice, passed an order of eviction directing the Petitioner to vacate the premises.

(vi) Aggrieved by the said eviction order dated 26.09.2015, the Petitioner filed W.P.(C) No. 2884 of 2016 before this Court. This Court, while disposing of the said writ petition, directed the Petitioner to avail the statutory remedy of appeal before the competent authority.

(vii) In compliance with the direction of this Court, the Petitioner filed Misc. Appeal No. 04 of 2016 (OPP EUO) before the Collector, Sundargarh, challenging the eviction order. The said appeal was dismissed by order dated 19.07.2016 on the ground that the land stood recorded in the name of the Government and was classified as “Rasta”.

(viii) Being aggrieved by the orders passed by the Sub-Collector-cum-Estate Officer, Sadar, Sundargarh and the Collector, Sundargarh, and having no alternative or efficacious remedy available in law, the Petitioner has approached this Court seeking appropriate relief, including quashing of the proceedings initiated in O.P.P. Case No. 55 of 2015, as well as the orders dated 26