Eviction orders concerning disputed land must defer to ongoing civil proceedings, establishing land ownership is a matter for the civil court, not administrative authorities.

JUDGMENT :

S.K. Panigrahi, J.

1. The Petitioner has filed the present Writ Petition assailing the order dated 08.11.2024 passed by the Collector, Bhadrak in OPLE Revision No.07/2024, whereby the order dated 28.02.2024 passed by the Sub- Collector, Bhadrak in OPLE(A) No.33/2024 was set aside, and the Tahasildar, Bonth was directed to evict the Petitioner from the case land forthwith.

2. The Petitioner further challenges the very initiation of the encroachment proceeding on the ground that the Petitioner has lawfully purchased the suit schedule property and has already instituted a civil suit in respect of the said property, which is presently pending adjudication before the competent Civil Court.

I. FACTUAL MATRIX OF THE CASE

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

(i) By virtue of Registered Sale Deed No. 4233 dated 02.09.1953, certain shop rooms were purchased by one Dayanidhi Dash from Mulchand Singh.

(ii) Thereafter, the Petitioner along with his brothers purchased the said shop rooms from Dayanidhi Dash by virtue of Registered Sale Deed No. 2662 dated 20.07.1984.

(iii) Since the purchase in 1984, the Petitioner has been carrying on a grocery business over Plot No. 2085 and has repaired the shop rooms, including casting of roof, for the purpose of running the said shop. The Petitioner has been maintaining his livelihood from the grocery business conducted therein.

(iv) On 03.07.2023, the Tahasildar, Bonth initiated Encroachment Case No. 456/2022-23 against the Petitioner and issued Form “Ka” in the name of the Petitioner. On the very same date, the Tahasildar also issued Form “Kha” in the said case, directing removal of the alleged encroachment over Plot No. 2085 measuring 30 ft. × 15 ft. The Petitioner submitted a reply before the Tahasildar on the next date.

(v) The Petitioner filed Civil Suit No. 1059/2023 (I) before the Court of the Civil Judge (Junior Division), Bhadrak in respect of the suit plots, seeking declaration of title, confirmation of possession, recovery of possession in the event of dispossession during pendency of the suit, and permanent injunction restraining interference with his possession. The said suit is pending adjudication. In the said suit, the Petitioner also filed I.A. No. 487/2023 praying for an order restraining the opposite parties from entering into the suit land and disturbing his peaceful possession, in which notice has been issued by the Court below.

(vi) While the matter stood thus, the Petitioner came to know that one Debendra Kumar Senapati had approached this Court in W.P.(C) No. 2277 of 2023 seeking a direction to evict the Petitioner from the suit land. This Court, by order dated 13.03.2023, disposed of the said Writ Petition with liberty to the petitioner therein to file a fresh representation within a fortnight and directed the Tahasildar, Bonth to consider the same and pass necessary orders within four weeks thereafter.

(vii) Pursuant to the liberty granted, the Tahasildar, Bonth passed an order on 24.04.2023 rejecting the representation of Debendra Kumar Senapati. In the said order, it was observed that the said person has a road measuring 20 ft. × 10 ft. to his plot and that the house referred to by him is an abandoned thatched structure.

(viii) Thereafter, Debendra Kumar Senapati filed W.P.(C) No. 16080 of 2023 before this Court seeking a direction to Opposite Party No. 3 to take appropriate steps for demolition/eviction of the alleged encroachment from the Government land and to ensure his entry to the house by quashing the order dated