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2025 DAILYLAW 6330 (ORI)

TUKU ROUT v. STATE OF ODISHA

WP(C)/24567/2025 · 2026-05-22

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 24567 OF 2025 Tuku Rout …. Petitioner Mr. Ashok Kumar Mohanty, Advocate on behalf of Mr. Kalpataru Mishra, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Bibekananda Nayak, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 22.05.2026 2. 1. These matters are taken up through hybrid mode. 2. The Petitioner in this writ petition prays for a direction to consider settlement of Plot No.1819 to an extent of Ac.0.04 decimals (out of Ac.0.13 decimals) of Khata No.983 (Kisama- Bagayat-II) situated in Maniabandha Mouza under Badamba Tahasil in the district of Cuttack. 3. Upon hearing Mr. Mohanty, learned counsel being authorized by Mr. Mishra, learned counsel for the Petitioner, it appears that Encroachment Case No.13 of 2024-25 in respect of the self-same property initiated under the provisions of the Odisha Prevention of Land Encroachment Act, 1972 (for brevity ‘the Act’) is pending before the Tahasildar, Badamba-Opposite Party No.4. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-May-2026 17:13:59 Signature Not Verified p. 2 4. Since the Petitioner has remedy for settlement of the said land in the encroachment proceeding, we are not inclined to entertain this writ petition. 5. Accordingly, the writ petition is disposed of with an observation that the Petitioner, if so advised, may work out his remedy available under the Act. 6. It is made clear that this Court has not expressed any opinion with regard to merit of the case of the Petitioner for settlement of a piece of Government land in his favour. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) ms Judge Designation: SENIOR STENOGRAPHER