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2025 DAILYLAW 45290 (ORI)

SUBHADARSHINI BHOL v. STATE OF ODISHA

WP(C)/18639/2025 · 2025-07-15

K R Mohapatra, Miss Savitri Ratho

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 18639 OF 2025 1. Subhadarshini Bhol 2. Netrananda Pradhan 3. Pramila Bhol 4. Nayan Pradhan 5. Laxmidhar Behera 6. Dushasan Bhol 7. Unu Patra 8. Sukanta Pati 9. Jayadev Bhol …. Petitioners Mr. Tanmay Mishra, Senior Advocate -versus- 1. State of Odisha 2. The Collector, Khordha 3. The Tahasildar, Tangi 4. Odisha Insdustrial Development Corporation 5. The Block Development Officer, Tangi …. Opposite Parties Mr. Siba Narayan Biswal, A.S.C. CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 15.07.2025 01. 1. This matter is taken up through hybrid mode. 2. Sarpanch, Ward Members and other villagers of Olasingha Gram Panchyat have filed this writ application assailing initiation of De-reservation Case No. 04 of 2025 on the file of Tahasildar, Tangi. The Petitioners also assail the impugned Public Notice dated 24th June, 2025 (Annexure-3) issued in the said proceeding inviting objections. 3. Mr. Mishra, learned Senior Counsel appearing for the Petitioners submits that the land sought to be de-reserved for p. 2 allotment to IDCO is recorded in Government Khata under “Gochar” kisam. Previously, 34 acres of Gochar land have already been de-reserved and allotted to IDCO for industrial purpose. Further conversion of Gochar land to be used for industrial purpose would be prejudicial to the villagers of the said Gram Panchayat as the same is being used for pasture and the land is their only access to N.H.16. It is his submission that mandatory provisions for proceeding with the De-reservation case are not being followed. Everything is being done in a haste to allot the land to IDCO to be alienated for industrial purpose to a private industrialist. Anticipating alienation, the lands in question have already been handed over to Rural Development Department, Government of Odisha for construction of road and development of the land for industrial purpose, which is per se illegal. The Rural Development Department, Govt. of Odisha with the help of IDCO is dismantling the road, which is the only access of the villagers to NH-16. Hence, there is urgency in interference of this Court to stop the illegal acts of the Government Officials and public authority. 4. Mr. Biswal, learned Additional Standing Counsel submits that since Public Notice under Annexure-3 has been issued inviting objection, the Petitioners may file their objection and contest the de-reservation proceeding. 5. Taking note of the submission made by learned counsel for the Parties, this Court finds that factual adjudication is necessary to appreciate the allegation made by the Petitioners. 6. Hence, this Court without expressing any opinion on the merit of the case of the Petitioners, disposes of the writ application with a direction that in the event the Petitioners file their p. 3 comprehensive objection(s) within a period of two weeks hence, before the Tahasildar, Tangi in De-reservation Case No. 04 of 2025, the same shall be considered in accordance with law, providing the representative of the Petitioners an opportunity of hearing. The result thereof shall also be communicated to the representative of the Petitioners. The Petitioners are at liberty to seek for any interim protection/relief before the Tahasildar, Tangi. (K.R. Mohapatra) Judge (Savitri Ratho) Subhalaxmi Judge SAHOO