IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 13350 of 2025 with W.P.(C) Nos.12766, 12816, 13080, 13082, 13084, 13513, 13517 & 13539 of 2025 Kamaljit Singh ..…... Petitioner(s) (in W.P.(C) No.13350 of 2025) Santosh Kumar Patra (in W.P.(C) No.12766 of 2025) Shammi Imam (in W.P.(C) No.12816 of 2025) Anil Kumar Pan (in W.P.(C) No.13080 of 2025) Parbati Agarwal (in W.P.(C) No.13082 of 2025) Suryamani Giri (in W.P.(C) No.13084 of 2025) Kameswar Das (in W.P.(C) No.13513 of 2025) Tikeswar Patra (in W.P.(C) No.13517 of 2025) Sangram Keshari Raj (in W.P.(C) No.13539 of 2025) Mr. Sidhartha Das, Adv. -Versus- State of Odisha & Ors. ………. Opposite Party(s) Mr. Debasish Nayak, AGA Mr. Priya Ranjan Singh, Adv. Mr. Jugal Kishore Panda, Adv. for O.P.4 Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 18-Aug-2025 19:50:10 Signature Not Verified 2 CORAM: DR. JUSTICE SANJEEB K. PANIGRAHI ORDER 13.08.2025 Order No. 05. 1. These matters are taken up through hybrid arrangement. 2. Since common question of facts and law are involved in all the above mentioned Writ Petitions, the same are heard together and are being disposed of by this common order. However, this Court felt it apposite to deal the W.P.(C) No.13350 of 2025 as the leading case for proper adjudication of both the cases. 3. Heard learned counsel for the parties. 4. In this Writ Petition, the Petitioner has challenged the eviction notice dated 21.04.2025/Annexure-1 issued by the Tahasildar, Barbil in Encroachment Case No.4-15/2025. 5. Learned counsel for the Petitioner submits that since the Petitioner’s house falls under the area of Municipal, Barbil, the Tahasildar, Barbil has no jurisdiction to issue eviction notice or initiate any OPLE Case against the present Petitioner. 6. In such view of the matter and considering the submission made by learned counsel for the parties, this Court is of the view that since the disputed land in question is within the purview of the Municipal Authority, the Tahasildar has no jurisdiction to issue such notice. Accordingly, the notice dated 21.04.2025/Annexure-1 issued by the Tahasildar, Barbil in Encroachment Case No.4- Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 18-Aug-2025 19:50:10 Signature Not Verified 3 15/2025 is set aside. However, the Municipal Authority is free to issue notice, if there is any encroachment by the present Petitioner. 7. It is made clear that, the Municipal Authority shall not evict the present Petitioner in future without giving an opportunity of hearing to the Petitioner. Further, the Municipal Authority shall consider any document pertaining to the ownership of the land in question. 8. Accordingly, the W.P.(C) No.13350 of 2025 is disposed of. 9. Consequently, all the above-mentioned connected Writ Petitions are also disposed of in terms of the order passed today in W.P.(C) No.13350 of 2025. ( Dr. Sanjeeb K. Panigrahi) Judge Murmu Designation: Personal Assistant