CUTTACK: Orissa High Court in an exemplary reprimand on the first date has ordered tehsildar of Kakatpur tehsil in Puri district to plant at least 50 trees while hearing a petition filed by a woman on Wednesday. In an encroachment proceeding, the tehsildar had passed a “bizarre order” by declaring the woman an encroacher and also fined her before serving an eviction order on September 15, 2021. In absence of any show cause, the tehsildar without giving an opportunity of a hearing passed the final order.
Taking serious note of it the single judge bench of Justice Biswanath Rath directed the tehsildar “to at least plant 50 numbers of tree needed to be planted in roadside in any sector in the Cuttack Development Authority (CDA) area”.
The encroachment proceedings under Orissa Prevention of Land Encroachment Act related to 0.08 acre gochar land in Balana village under Kakatpur Tehsil on which Mita Das had constructed a thatched house.
“When a proceeding is initiated under a statute, it has a definite purpose for more consideration, particularly, when the matter involves encroachment. The tehsildar should not have rushed to decide the matter on that date itself,” Justice Rath observed.
The court found the tehsildar had no disclosure on particulars of land, no assigning of reason and conclusion before holding the person as an encroacher in the final order. While holding as encroacher no opportunity was provided to the person to have statutory appeal remedy.
“It is on the above background, this court finds there has been mechanical disposal of the encroachment proceeding,” Justice Rath said in his order. The Court remitted the matter back to the tehsildar with a direction to the petitioner to appear before the tehsildar on May 27 or 30, 2022 along with its show cause and the tehsildar to give opportunity of hearing by fixing a date for it and pass a reasoned order.
Justice Rath further directed for a copy of the order to be communicated to the Principal Secretary, Revenue & Disaster Management Department and Principal Secretary to Law Department for making an endeavour to ensure that such mistakes are not repeated by tehsildars across the State and restrict loading of such cases to the High Court involving unnecessary litigation.