Virtually Train Tahasildars & Revenue Officials On Proper Issuance Of 'Eviction Notice': Orissa HC To Revenue Department

In a peculiar development, the Orissa High Court has ordered the Revenue and Disaster Management Department of the Government of Odisha to conduct an online training program for all Tahasildars as well as Revenue officials in the State as to how to issue an 'eviction notice' with detailed particulars.

The Court was hearing a writ petition challenging an encroachment proceeding initiated against the petitioner. Pursuant to the proceeding, the petitioner was called upon to submit his reply to show cause.

The Tahasildar, Pattamundai had also issued an eviction notice to the petitioner indicating therein to vacate the disputed premises. On the previous date of hearing, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi had perused the eviction notice and observed that the said officer had not indicated the date of issuance of such notice.

Accordingly, it had ordered the Tahasildar, Pattamundai to appear before it virtually to explain as to why he/she had 'selective amnesia' in putting the date in the notice of eviction. Pursuant to such order, the officer had appeared before the Court virtually.

The counsel appearing for the State apprised the Court that the petitioner did not file his reply to the show-cause notice, rather he invoked the writ jurisdiction directly. Accordingly, the Court directed the petitioner to file his reply to the show-cause notice within a period ten days and the authorities were ordered to consider his case in accordance with law.

Before parting with the order, Justice Panigrahi expressed strong displeasure over the manner in which the eviction notice was issued to the petitioner and ordered the Revenue Department of the State to conduct an online training program for revenue officials to train them on proper procedure to issue show cause notice.

“At this juncture, looking to the bizarre state of affairs pertaining to the non-indication of date, non-disclosure of signature and improper details etc. in the notice of eviction in many cases, this Court directs the Revenue and Disaster Management Department, Government of Odisha to conduct an Online Training Programme for all the Tahasildars as well as the Revenue Officials in the State of Odisha as to how the notice of eviction would be issued properly with detailed particulars so that the citizens shall not get unnecessarily confused,” it ordered.

The Single Bench further required the Department to complete the phase-wise training program within one month.

Case Title: Maninatha Swain v. State of Odisha & Ors.

Case No: W.P.(C) No. 24473 of 2024

Date of Order: October 03, 2024

Counsel for the Petitioner: Mr. Debasis Tripathy, Advocate

Counsel for the State: Mr. Ch. Satyajit Mishra, Addl. Government Advocate

Click Here To Read/Download Order