CUTTACK: In a significant pronouncement, the Odisha High Court has affirmed that revenue authorities are not empowered to resolve disputes concerning land ownership or title, underscoring that such matters fall exclusively within the jurisdiction of civil courts.
The ruling, issued on May 30 by a vacation bench led by Justice S.K. Panigrahi, set aside an eviction order previously issued by the tehsildar of Dhamnagar under the Orissa Prevention of Land Encroachment (OPLE) Act, 1972.
The case originated from a challenge by Dinabandhu Behera against eviction proceedings initiated against him. Behera argued that the state had incorrectly recorded the disputed land in its own name during the “hal settlement”. He presented that his father had legally gained possession of the property after an “ekpadia,” a written recognition document, was issued by the ex-intermediary post-estate abolition. His father’s name was subsequently entered into the tenant ledger, and rent was regularly paid to the government. Following his father’s death, Behera came into possession of the land.
Despite these existing records, the tehsildar initiated eviction proceedings, classifying Behera as an encroacher. The sub-collector and collector of Bhadrak later upheld this eviction order.
The High Court, in nullifying these orders, stated that when a genuine dispute over ownership and title exists, summary eviction proceedings under the OPLE Act are inappropriate. Justice Panigrahi remarked, “The revenue authorities, who conduct summary procedures, are not competent to adjudicate such complex disputes of title”.
The court further highlighted that Behera had already sought recourse from the civil judge, junior division, Dhamnagar, requesting a declaration of his right, title, and interest in the land in question. He had also petitioned for the encroachment proceedings to be deemed unsustainable given the pending civil suit.
Reiterating the preeminence of civil courts in deciding title-related matters, the court concluded that “summary proceedings by revenue authorities cannot constitute the proper forum for adjudication where a bona fide dispute exists over title”.
