CUTTACK: The Orissa High Court has held that the state government cannot determine ownership in its favour and proceed with eviction through summary proceeding as the proper and competent forum for declaration of right, title, interest and possession is the civil court.
The ruling came while the vacation court set aside the eviction order issued by the tehsildar (Dhamnagar) under Orissa Prevention of Land Encroachment Act, 1972 and the subsequent orders by appellate authorities - sub-collector (Bhadrak) and collector (Bhadrak) endorsing it.
Dinabandhu Behera had filed a petition challenging the eviction order claiming that after the abolition of the estate, the ex-intermediary submitted an Ekpadia in favour of the petitioner’s father, in whose name the tenant ledger was opened. His father thereafter paid rent to the government.
Behera came into possession of the suit land after his father’s death. Contrary to these facts, the land was erroneously recorded in the name of the state during the Hal settlement, a factual inaccuracy which led to the initiation of encroachment proceedings against him, the petition claimed.
In a recent order, the vacation bench of Justice SK Panigrahi said, “Upon careful analysis of the facts and circumstances, this court finds that the core issues raised involve a bona fide dispute concerning the right and title to the suit property, a matter beyond the jurisdiction of the encroachment proceedings initiated under the Orissa Prevention of Land Encroachment Act, 1972.”
“The revenue authorities, who conduct summary procedures, are not competent to adjudicate such complex disputes of title. Therefore, where a bona fide dispute exists over the title to property, summary proceedings by revenue authorities cannot constitute the proper forum for adjudication. Such disputes fall within the domain of civil courts, which have the jurisdiction to determine rights, titles, and other consequential reliefs,” Justice Panigrahi observed.
Earlier, the petitioner approached the civil court seeking a declaration of his right, title and interest in the suit property. He also sought a declaration that the encroachment proceedings initiated by the revenue authorities were not maintainable, as a suit was already pending before the Civil Judge, Junior Division, Dhamnagar.