WPC No.27349 of 2022 Page 1 of 5 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27349 of 2022 (In the matter of an application under Article 226 & 227 of the Constitution of India) M/s.Choudhury Auto Works, Bhubaneswar … Petitioner -versus- State of Odisha and others … Opposite Parties Advocate(s) appeared in this case:- For Petitioner : Mr.S.S.Bhuyan, Advocate For Opposite Parties : Mr.D.Nayak, AGA CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 28th January, 2026 B.P. Routray, J. 1. Present writ petition is directed challenging the order of the Director of Estates passed in Appeal Case No.13/2022(L), wherein the appeal filed by the Petitioner against his eviction from the case land in question, i.e. Revenue Plot no.2453 measuring Ac.0.048 decimals, Hal Revenue Plot no.2457(p) measuring Ac.0.016 decimals under Khata No.1988 of Mouza-Laxmisagar-1, Bhubaneswar including Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack. Date: 02-Feb-2026 18:14:42 Signature Not Verified WPC No.27349 of 2022 Page 2 of 5 asbestos house, thatched house and compound wall have been dismissed. 2. Heard Mr.Bhuyan, learned counsel for the Petitioner and Mr.Nayak, learned Additional Government Advocate for the State- Opposite Parties. 3. It is submitted on behalf of the Petitioner that he is a physically disabled person earning his livelihood by running a motor garage over drawing plot no.55-A measuring Ac.0.032 decimals corresponding to hal revenue plot no.2453(p). The Petitioner brings to the notice of the court that as per the assurance letter issued by the Government of Odisha in General Administration Department dated 28th December 1999 (Annexure-7) as per the decision taken in IPAC meeting dated 25th October 1986, he is to be allotted with drawing plot no.55-A measuring Ac.0.032 decimals of mouza-Laxmisagar corresponding to revenue hal plot no.2453(P), subject to vacating revenue plot no.2453(p) measuring Ac.0.047 decimals and revenue plot no.2457(p) measuring Ac.0.016 decimals. Though the Petitioner has vacated the aforesaid plots, but he still has been prosecuted for eviction from drawing plot no.55-A and his appeal in that regard arising out of Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack. Date: 02-Feb-2026 18:14:42 Signature Not Verified WPC No.27349 of 2022 Page 3 of 5 O.P.P. Eviction Case No.65 of 1990 has been dismissed without considering such aspects. 4. As seen from the impugned order under Annexure-14, i.e. the order of the appellate authority, that according to the report of the Joint Director of Estates-Cum-Additional Secretary to Government dated 9th March 2022, the Petitioner is found to have still encroached the land over drawing plot no.55-B corresponding to revenue plot no.2453(p) measuring area Ac.047 decimals and revenue plot no.2457 (p) measuring Ac.0.016 decimals in mouza-Laxmisagar. It is seen that mainly upon such consideration that the Petitioner has not vacated the aforesaid lands in those two plots, his prayer for settlement of the land in drawing plot no.55-A was not considered and accordingly, he has been directed to be evicted from all such plots in occupation. 5. This is disputed by the Petitioner that such report of the Joint Director of Estates dated 9th March 2022 is not factually correct and as per the admission of the Petitioner made in his prayer dated 27th June 2022 under Annexure-15, he has already vacated drawing plot no.55- B corresponding to revenue plot no.2453(p) and revenue plot no.2457(p) as per the direction of the Land Officer vide his letter dated 28th December 1999. Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack. Date: 02-Feb-2026 18:14:42 Signature Not Verified WPC No.27349 of 2022 Page 4 of 5 6. The order of the appellate authority is dated 3rd August 2022, wherein he has referred to the spot visit report dated 9th March 2022 of the Joint Director to opine that the Petitioner has not vacated from plot no.55-B corresponding to revenue plot no.2453(P) and revenue plot no.2457(p). When the Petitioner admits that he has already vacated the lands in question as per the direction of the Land Officer contained in Annexure-7, the appeal is remanded back to the appellate authority, i.e. the Director of Estates, Odisha to re-hear the Petitioner with a fresh field inspection report to be submitted by the competent authority with regard to the contention of the Petitioner about vacation from revenue plot no.2453(p) measuring Ac.0.047 decimals (drawing plot no.55-B) and revenue plot no.2457(p) measuring Ac.0.016 decimals, both under khata no.1988 of mouza-Laxmisagar, Unit No.30. The appellate authority considering such fresh inspection report to be conducted in presence of the Petitioner by the competent authority, may pass appropriate order afresh granting opportunity of hearing to the Petitioner. All such exercises are to be completed within a period of three months from the date of receipt of certified copy of this order along with a copy of the writ petition. Till disposal of the appeal, the Petitioner may not be evicted from drawing plot no.55-A measuring area Ac.0.031 decimals. Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack. Date: 02-Feb-2026 18:14:42 Signature Not Verified WPC No.27349 of 2022 Page 5 of 5 7. The writ petition is disposed of. ( B.P. Routray) Judge C.R.Biswal, A.R.-cum-Sr.Seretary Location: Orissa High Court, Cuttack. Date: 02-Feb-2026 18:14:42