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2025 DAILYLAW 4366 (ORI)

BASANTA KUMAR SAHOO v. STATE OF ODISHA

WP(C)/15755/2025 · 2026-01-06

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15755 of 2025 Basanta Kumara Sahoo & Ors. ..... Petitioner(s) Mr. Prasanna Kumar Dash, Advocate -versus- State of Odisha & Ors. ..... Opposite Party(s) Mr. Debasish Nayak, AGA Mr. Soumya Mishra, Adv. For O.P No.6 CORAM: THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 06.01.2026 11. 1. This matter is taken up through hybrid arrangement. 2. The Petitioners, by filing this Writ Petition, have sought for a direction from this Court to the Opposite Parties to cancel the Lease Alienation Case No.1(u)/2025. 3. Learned counsel for the Petitioners submits that the main canal is passing through the village road and also through plot No.549 and plot No.631 respectively of Khata No.358 under Mouza - Bandhachada Kacheramala of Dist- Cuttack. The local villagers are using the same. After damaged of the said canal since long, the villagers of the petitioners are using same as road which has been approached to the main road. The villagers are repairing the above road above the canal once a year. However, Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 08-Jan-2026 17:54:03 Signature Not Verified Page 2 of 3. some miscreants are trying to occupy the above canal road unlawfully and forcibly. However, the petitioners and villagers conveyed a meeting to protect the canal road and decided to approach the occupants not to encroach upon the canal road forcibly. But, the occupants did not pay any heed on the same, rather, encroached upon the canal. After the said meeting, the villagers decided to meet to the opposite parties and express their grievance. But, eventually the villagers knew from some reliable sources that some miscreants had applied lease application Case No.l (4) /2025 before the opposite party No.2 and opposite party No.3 which is pending. 4. Being aggrieved, the petitioners made a representation on 24.04.2025 elaborating all the facts and circumstances before the competent authority. The petitioners reiterates that the petitioners and the villagers of Kacheramala had been to the opposite party No.2 and vehemently objected the lease Alienation Case No.l (v) /2025. The forcible occupiers are threatening the villagers to occupy the canal road by hook or crook. The opposite party/ competent authority received the representation on 24.04,2025, but, did not consider the same till date even if several approached made by the petitioners. He further submits that the occupiers using money and muscle Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 08-Jan-2026 17:54:03 Page 3 of 3. power are trying to dispose of the lease Alienation Case in connivance with the Opp. Parties. 5. Considering the submissions made by the learned counsel for the Petitioners and on going through the averments made in this Writ Petition, this Court finds that the Lease Alienation Case No.1(u)/2025 is pending before the competent authority. Hence, the Writ Petition filed by the Petitioner is premature and not maintainable. However, the Petitioner is granted liberty to pursue his remedy before the said authority for adjudication. 6. The Writ Petition stands disposed of accordingly. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali