Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.7470 of 2020 Nityananda Bal …. Petitioner(s) Mr. Biswabihari Mohanty, Adv.
-versus- State of Odisha & Ors. …. Opposite Party(s)
Miss Gayatri Patra, ASC Mr. Bibekananda Bhuyan, Sr. Adv. along with Mr. S. Sahoo, Adv.
CORAM:
HON’BLE DR.JUSTICE S.K. PANIGRAHI
Order No.
ORDER 28.07.2025
03. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner has sought for a direction from this Court to the Tahasildar, Bhubaneswar/ Opposite Party No.3 for clearing the unauthorized encroachment made over the disputed property in question. 3. Heard. 4. Learned counsel for the Petitioner submits that due to the unauthorized encroachment made over the disputed property in question by the Opposite Party Nos.5 to 7, the Petitioner so also the other inhabitants of the locality are suffering immensely. He, accordingly, prays for allowing the prayer made in this Writ Petition. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Jul-2025 16:47:13 Signature Not Verified p. 2 5. At this juncture, learned counsel for the State, pursuant to the earlier order of this Court, submits the instruction received from the Tahasildar, Bhubaneswar vide letter dated 25.07.2025. Relevant portion of the said letter is extracted herein below:-
“xxx
xxx
xxx That, recently the RI, Tamando has physically verified the land and submitted her report (copy enclosed), wherein on concrete road constructed measuring approx. length is 290 feet and width is 40 feet on the suit plot. The road starting from the service road of the National Highway and connecting village kacha road are not available in Revenue Map. That, on receipt of the report from the RI concerned, a letter has been also issued to BDO, Bhubaneswar vide this office Letter No.13828 Dated 04.07.2025 to obtain clarification that whether the concrete road constructed by the Government or any other person. After receiving of the same, necessary steps will be taken for interest of the general public. xxx
xxx
xxx”
6. Considering the submissions made on behalf of the Parties and looking to the communication dated 25.07.2025 made by the Tahaildar, Bhubaneswar, this Court directs the Tahasildar, Bhubaneswar to clear the unauthorized encroachment made over the disputed property in question after conducting the due verification. 7. The entire exercise shall be completed within a period of one and half months from the date of presentation of an authenticated copy of this order. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Jul-2025 16:47:13 p. 3 8. This Writ Petition is, accordingly, disposed of. (Dr.
S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant