IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17297 of 2025 Babaji Charan Nayak …. Petitioner (s) Represented By Adv. Mr. Asit Kumar Jena -versus- State of Odisha & Ors. …. Opposite Parties Represented By ASC Ms. Gayatri Patra CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 18.07.2025 02. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this Writ Petition challenging the action of the Opposite Party No.3 in not taking necessary steps to evict the Opposite Party No.4 who is unauthorizedly occupying a portion of land corresponding to Khata No.719, Plot No.649 of Mouza- Kathamunda under Tahasil-Dhamnagar in the district of Bhadrak. He further prays for a disposal of the petition dated 06.05.2024 pending before the Opposite Party No.3. 3. Heard. 4. Learned counsel for the Petitioner submits that the Petitioner and his brother are the recorded owner of Khata No.51/5, Plot no.88/3312 of area Ac. 50 dec. Mouza- Kathamunda, under Tahasil-Dhamnagar in the district of Bhadrak. The Petitioner being a small farmer has been maintaining his livelihood by cultivating his own land including the present land in question. The north side of the said land corresponding to Khata No.719, plot no.649 of Mouza-Kathamunda under Tahasil-Dhamnagar in the district of Bhadrak, belongs to State of Odisha and the nature of land is ‚Abada Ojagya Anabadi’. The Petitioner has been using the same for to and fro to the adjacent land for cultivation as no other way is available for this purpose since long. Suddenly, the Opposite Party No.4 acquired the government land by fence. Being aggrieved, the Petitioner ventilated his grievance before the Opposite Party No.3. The Opposite Party No.3 directed the local R.I. to do an enquiry in the matter. After enquiry, the R.I. submitted the report before the Opposite Party No.3 stating therein that the Opposite Party No.4 is occupying the land corresponding to Khata No.719, Plot No.649 of Mouza-Kathamunda under Tahasil- Dhamnagar in the district of Bhadrak belongs to State of Odisha and the nature of land is ‚Abada Ojagya Anabadi‛ for which the Petitioner and other villagers are facing difficulty. Hence, this Writ Petition. 5. Without going into the merits of the case and since the form ‘Ka’ and ‘Kha’ form has already been issued to the Opposite Party No.4/encroacher and the encroachment proceeding is going on, this Court is not inclined to entertain the present Writ Petition at this stage. However, considering the request of learned counsel for the Petitioner, the Tahasildar, Dhamnagar is directed to complete the said encroachment proceeding within a period of one month from the date of presentation of a certified copy of this order. 6. Accordingly, this Writ Petition is disposed of. (Dr. S.K. Panigrahi) Judge Sumitra