HC affirms civil courts' jurisdiction in land title disputes

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.

- EXPRESS NEWS SERVICE @ Cuttack

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.