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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Dinabandhu Behera – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Dr. S.K. Panigrahi, J.
1. Since common questions of fact and law are involved in the above-mentioned Writ Petitions, the same were heard together and are being disposed of by this common judgment. However, this Court finds it appropriate to treat W.P. (C) No. 5239 of 2018as the leadcase for the proper adjudication of these matters.
2. The Petitioner, in W.P. (C) No. 5239 of 2018 challenges the eviction order passed by the Tahasildar, Dhamnagar in O.P.L.E. Case No. 9/16, the appellate order passed by the Sub-Collector, Bhadrak in O.P.L.E. Appeal No.154/16, and the revisional order passed by the Collector, Bhadrak in O.P.L.E. Revision No.9/17.
3. Similarly, the petitioner in W.P.(C) No.5240 of 2018 challenges the eviction order passed by the Tahasildar, Dhamnagar in O.P.L.E. Case No.10/16, the appellate order passed by the Sub-Collector, Bhadrak in O.P.L.E. Appeal No.155/16, and the revisional order passed by the Collector, Bhadrak in O.P.L.E. Revision No.10/17.
I. FACTUAL MATRIX OF THE CASE
4. The brief facts of the case are as follows:
(i) The suit land, M.S. Plot No. 847 measuring Ac. 0.23 dec under Khata No. 815, corresponding to C.S. Plot No. 625 measuring Ac. 0.23 dec under
Civil courts have jurisdiction to adjudicate title disputes over land; revenue authorities cannot evict occupants under disputed ownership.
Eviction orders concerning disputed land must defer to ongoing civil proceedings, establishing land ownership is a matter for the civil court, not administrative authorities.
The Odisha Prevention of Land Encroachment Act allows lawful eviction of unauthorized occupants, without conferring title, emphasizing adherence to procedural fairness and the validity of eviction or....
The jurisdiction of civil courts is barred for challenges against eviction orders under the Tamil Nadu Land Encroachment Act, necessitating appropriate appeals against such orders.
Continuous possession for over thirty years under Section 8A of the Orissa Prevention of Land Encroachment Act establishes entitlement, overriding procedural missteps by revenue authorities.
Claims related to adverse possession require explicit, clear evidence of continuous and hostile possession; mere long-term possession does not confer title without supporting legal criteria.
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