Cuttack: The Orissa High Court has ruled that revenue authorities lack the authority to resolve disputes over land ownership or title, as these fall solely under civil courts’ jurisdiction.
The ruling came while the vacation bench of Justice S K Panigrahi overturned an eviction order issued by the Dhamnagar tehsildar under the Orissa Prevention of Land Encroachment Act, 1972, and the subsequent orders by appellate authorities – sub-collector (Bhadrak) and collector (Bhadrak) endorsing it.
The case involved Dinabandhu Behera, who contested eviction proceedings, claiming that his father legally acquired the property through an ‘ekpadia’ issued by the ex-intermediary after estate abolition, with his father’s name recorded in the tenant ledger and rent paid regularly. After his father’s death, Behera took possession of the land. However, 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 added.
Quashing these orders, the HC held that summary eviction under the Act is unsuitable when a genuine ownership dispute exists, as revenue authorities cannot adjudicate complex title issues. “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.
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