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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29724 OF 2021

Biswajit Panigrahi

….

Petitioner

Miss Deepali Mahapatra, Advocate

-versus-

State of Odisha and others

….

Opp. Parties

Mr. Swayambhu Mishra,

Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

04.10.2021

01. 1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction

to restrain the Opposite Parties from evicting the Petitioner from

the land in question, i.e. Plot No.3602 to an extent of Ac.0.010

decimals (Kissam-Gharabari-II) and Plot No.3603 to an extent

of Ac.0.060 decimals (Kissam-Gharabari-II) under Khata No.1

of Mouza-Burla Town, Unit No.3 under Sambalpur Sadar

Tahasil in the district of Sambalpur (for short ‘the case land’).

3.

Miss Mahapatra, learned counsel for the Petitioner

submits that the land was initially recorded in the name of

Irrigation Department and subsequently, it was transferred to the

control of Revenue Department. The Petitioner has been staying

over the suit land by constructing his residential house from the

time of his grandfather. After taking due permission from the

Executive Officer, N.A.C. Burla, the residential house of the

Petitioner was constructed and power supply was also made to

the said residential house. Recently, the Dean & Principal, VSS

Institute of Medical Sciences & Research, Burla, Sambalpur,

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Odisha (VIMSAR), Burla issued a notice No.2371 dated 16^th

April, 2021 (Annexure-7) stating inter alia that the Petitioner has

made illegal construction over the Government land near Qr.

No.1R/165 and has been requested to stop illegal construction

immediately. In view of the above, the Petitioner apprehends

that he may be evicted at any moment from the aforesaid land.

As such, finding no other alternative, this writ petition has been

filed.

4.

It is submitted by Miss Mahapatra, learned counsel for

the Petitioner that even a trespasser cannot be evicted without

following due procedure of law. Since the Petitioner has

constructed his residential house after taking due permission

from the Executive Officer, N.A.C. Burla, he cannot be turned

as a trespasser. As such, before taking any action for eviction of

the Petitioner due procedure of law has to be followed. Hence,

she prays for a direction not to evict the Petitioner without

following due procedure of law.

5.

Mr. Mishra, learned Additional Standing Counsel

submits that admittedly the Petitioner is an encroacher and is

making construction over the land in question, which is

unauthorized one. Although it is not clear as to how the Dean &

Principal, VIMSAR, Burla issued notice under Annexure-7, but

the Petitioner being an encroacher is liable to be evicted.

6.

Taking into consideration the submissions made by

learned counsel for the parties, this Court is of the considered

opinion that if the Petitioner apprehends eviction from the

aforesaid land, he should approach the Tahasildar, Sadar,

Sambalpur-Opposite Party No.3 for redressal of his grievances.

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7.

Accordingly, this writ petition is disposed of with a

direction that in the event the Petitioner files a grievance petition

detailing his grievances along with certified copy of this order

before the Tahasildar, Sadar, Sambalpur-Opposite Party No.3

within a period of seven days hence, he shall do well to consider

the same in accordance with law giving an opportunity of

hearing to the Petitioner.

8.

Till a decision is taken on the grievance petition, if filed

within the stipulated period, as aforesaid, no coercive action for

eviction of the Petitioner shall take place, if not already evicted

in the meantime.

Urgent certified copy of th