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2024 DAILYLAW 446 (ORI)

PHAGUBHUSAN DAS v. STATE OF ODISHA

WP(C)/17444/2024 · 2026-04-17

Sibo Sankar Mishra

Writ Petition (Civil)body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17444 of 2024 Phagubhusan Das …. Petitioner None -versus- State of Odisha & others …. Opp. Parties Mr. Debaraj Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 17.04.2026 01. 1. None appears for the petitioner. 2. In the present writ petition, the petitioner by invoking the writ jurisdiction of this Court is seeking the following relief:- “to admit the writ application and after hearing the petitioner’s advocate, issue a writ in nature of mandamus or any other suitable writ, directing the Tahasildar, Kakatpur to carry out his order dated 03.01.2024 in Encroachment Case No.09 of 2023-2024 by evicting Opp. Party No.3 from the encroached land measuring Ac.0.03 dec. out of Ac.0.73 decimal of Plot No.1472 under Khata No.859, Village- Kakatpur, Dist. Puri within a stipulated time.” 3. Along with the writ petition, the order dated 03.01.2024 passed by the Tahasildar, Kakatpur has also been enclosed. Reading of the said order reveals that due to the default in making payment of the penalty amount as per the assessment made by the Subhasis concerned authority, the Tahasildar, Kakatpur has directed the unauthorized occupants to be evicted and the land shall be placed for the purpose of public utility. The petitioner contented in the petition that the said order has attained finality in the absence of any challenge. 4. Since there is already an order for removal of the encroachment of unauthorized occupants, no further direction needs to be passed for the said purpose. Needless to say that the order dated 03.01.2024 passed by the Tahasildar, Kakatpur shall be executed in accordance with law, if there is no legal impediment exist. 5. Hence, the writ petition is disposed of with the aforementioned observation. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack.