R.K. Pattanaik, J.:— Heard learned counsel for the petitioner and Mr. Babu learned AGA for the State-opposite parties.
2. No notice need be issued to opposite party Nos. 4, 5 & 6 since the matter is disposed of at the stage of admission.
3. Instant writ petition is filed by the petitioner for a direction to the opposite parties and particularly, opposite party No. 3 to evict opposite party Nos. 4, 5 & 6 and remove unauthorized construction put up by them over plot No. 905, khata No. 646 situate in Mouza Girishpur and restore it to the local villagers for their use.
4. Learned counsel for the petitioner submits that the schedule land was of Kisam ‘Gochar’ which was illegally converted to ‘Gharabari’ and the same was challenged at the instance of the local villagers, whereafter, it was reconverted to ‘Gochar’ while disposing of Misc. Case No. 768 of 2008 and claiming so, he refers to copies of the orders as at Annexure-5/A (series). It is further submitted that even thereafter, opposite party Nos. 4, 5 & 6 raised construction of a pucca building over the schedule land for which representation was submitted to opposite party No. 3 for its demolition. It is also submitted that another representation was submitted to opposite party No. 2 for a final decision thereon and to ensure removal of illegal encroachment of opposite party Nos. 4, 5 & 6 but till date, it has not yield at any result. Learned counsel for the petitioner further relies on the request of the local Gram Panchayat under Annexure-8 series and also paper clippings at Anenxure-9 which is with regard to the complaint registered with the local Administration against the illegal encroachment by outsiders. With the above submission, it is pleaded that in order to clear the encroachment by opposite party Nos. 4, 5 & 6, at least the representation addressed to opposite party No. 3 should be directed to be examined and disposedof as against the background facts that such encroachment has been even after conversion of the land to ‘Gochar’ from ‘Gharabari’.
5. Mr. Babu, learned AGA for the State-opposite parties submits that considering the facts on record and since the petitioner has already submitted a representation under Annexure-6 series, if the Court is inclined, a direction may perhaps be issued to opposite party No. 3 to consider the same and take action according to law.
6. Since the Record of Right has been in favour of the Government in respect of the schedule land and as it is made to appear that the ‘Kisam’ of the land was illegally converted to ‘Gharabari’ subsequently reconverted to ‘Gochar’ by the order of opposite party No. 3 and in the meantime, as it is alleged by the petitioner, opposite party Nos. 4, 5& 6 have put up construction of a pucca building, the Court is of the considered view that the representation which is addressed to opposite party No. 3 as at Annexure-8 series should be examined for a decision as per law and if necessary, to ensure removal of the alleged encroachment which has been pleaded for at present.
7. Accordingly, it is ordered.
8. In the result, the writ petition stands disposed of with a direction to opposite party No. 3 to consider and examinethe representation under Annexure-8 series and after providing an opportunity of hearing to the petitioners as well as the alleged encroachers, namely, opposite party Nos. 4, 5& 6 to pass a final order preferably within a period of sixweeks from the date of receipt of a copy of this order. It is also directed that if at the end, on enquiry, it is revealed that opposite party Nos. 4, 5 & 6 have encroached the schedule land which is owned by the Government, necessary action shall follow suitas admissible under law.
9. A certified copy of this order be granted as per rules.