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2025 DAILYLAW 2890 (ORI)

SRIHARI PRADHAN v. STATE OF ODISHA

WP(C)/32511/2025 · 2026-01-27

Harish Tandon Cj, Murahari Sri Raman

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32511 of 2025 (PIL) Sri Srihari Pradhan …. Petitioner Mr. Manoj Kumar Nayak, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Sanjay Rath, Additional Government Advocate CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 27.01.2026 02. 1. The petitioner filed this writ petition in the nature of Public Interest Litigation to evict squatters from the Government land being Plot Nos.891, 892 and 893 under Khata No.338, Mouza- Chandragiri in the district Gajapati. 2. Shri Manoj Kumar Nayak, learned Advocate for the petitioner submitted that though the concerned authorities are requested for taking steps to evict the persons occupying the Government land(s) for wrongful purposes, no heed has been paid. 3. Learned Additional Government Advocate, in course of hearing, furnished written instructions of the Tahasildear, Mohana in the district of Gajapati. It is submitted that Jalasaya (pond) bearing Plot No.892 in Khata No.338 is free from encroachment. However, on the report of Revenue Inspector that Plot Nos.891 and 893 in Khata No.338 (Rakhita) have been occupied by the fourteen p. 2 persons, encroachment cases vide LEC No.920 of 2025 to 933 of 2025 have been initiated. It is submitted that eviction notices are issued on 07.01.2026 against these encroachers to vacate the encroached land within thirty days. 4. Perusal of petition under Annexure-1, it manifests that the petitioner prayed for eviction of encroachers of Plot Nos.891, 892 and 893 under Khata No.338. As per instructions furnished by the Tahasildar, Mohana, it transpired that Plot No.892 is free from encroachment, but steps have been taken in accordance with law for eviction of fourteen persons occupying Plot Nos.891 and 893 unauthorizedly. However, it is also given to understand that Plot No.867 (Kisam-Padar-II) under Khata No.246 is recorded in the name of “Shri Manikeswari Thakurani Bije Nizagaon Marfat Parichalana Samiti” and Plot No.868, Kisam: Patharabani under Khata No.337 is recorded as Aabada Ajogya Anabadi. In said instruction contained that there is no proposal for construction of Kalyan Mandap thereon. However, a Kalyan Mandap is proposed to be constructed over Plot No.220, Khata No.339, Kisam: Unnat Yojana Jogya and the work of construction is under progress. 5. In view of the aforesaid facts as stated by the Tahasildar, Mohana there is no encroachment over Plot No.892 and appropriate steps have been taken in accordance with law by the authority concerned for eviction of encroachers from the Government lands, we do not think it apt to keep the matter pending as it would not subserve any fruitful purpose. This apart, the Government has brought out a policy to remove encroachments from the p. 3 Government land by giving time-schedule. It is hoped that the authorities shall adhere to such time-lines and act according to law to lead the matters to logical end. 6. With the aforesaid observation, the writ petition stands disposed of. (Harish Tandon) Chief Justice (M.S. Raman) Judge Aswini SETHY Designation: Personal Assistant (Secretary-in- charge) COURT, CUTTACK Signature Not Verified