Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26659 of 2024
Mohammed Anish ..... Petitioner Mr. Niranjan Lenka, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. Debasish Nayak, AGA Mr. Dayananada Mohapatra, Senior Advocate for O.P Nos.2 & 3 along with associates
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
Order No.
ORDER 09.01.2026
10.
1. This matter is taken up through hybrid arrangement.
2. The Petitioner, by filing this Writ Petition, has sought for a direction from this Court to the Opposite Parties not to evict the Petitioner from the extra land under his occupation adjoining to his allotted land i.e LI-158 and not to demolish the boundary wall constructed by him over the said land.
3. At the outset, learned counsel for the Opposite Party Nos.2 and 3 submits that the Petitioner has encroached 15 feet area backside of his house. Hence, the Petitioner cannot claim his ownership over the said land. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 13-Jan-2026 18:44:35 Signature Not Verified
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4. Considering the submissions made by the learned counsel for the parties, this Court is of the view that construction of Subhadra Enclave site of the OSHB at Dumduma, Bhubaneswar is no way affecting the present Petitioner’s house. However, if there is such danger posed during the course of construction of the said enclave, the Housing Board Authority shall take effective measures to protect the house of the present Petitioner.
5. However, the petitioner is also granted liberty to approach the Housing Board Authority if such vulnerability is observed at the time of construction of the said enclave.
6. The Writ Petition stands disposed of, accordingly.
7. Interim order, if any, passed earlier stands vacated.
(Dr. Sanjeeb K Panigrahi) Judge
Gitanjali