Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 34754 of 2025
Raj Kishore Bag …. Petitioner Mr. Niranjan Panda, Advocate -versus-
1. State of Odisha, represented through Commissioner-cum-Secretary, Revenue and Disaster Management Department, BBSR
2. Collector, Bolangir
3. Sub-Collector, Bolangir
4. Tahasildar, Saintala, District-Bolangir
….
Opposite Parties Mr. S.R. Pattnaik, AGA
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
Order No.
ORDER
01.
23.12.2025
1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition prays for a direction to the Tahasildar, Saintala-Opposite Party No.4 to settle the Plot Nos.331, 332, 455, 456, 458 and 75 under Khata No. 54 in Mouza-Dariardar under Saintala Tahasil in the District of Bolangir in his favour.
3. Mr. Niranjan Panda, learned counsel for the Petitioner submits that the Petitioner is a Scheduled Tribe landless person. He has occupied certain Government land for earning his livelihood. For occupation of the Government land, Encroachment Case No. 69 of 2019 has been initiated by the Tahasildar, Saintala against the Petitioner. Such encroachment case is still pending with the Tahasildar, Saintala.
4. In course of argument, Mr. Panda, learned counsel for the Petitioner submits that the Petitioner has not filed any application under Section 8-A of the Orissa Prevention of Land Encroachment Act, 1972 before the Tahasildar, Saintala in the aforesaid encroachment case for p. 2 puspa settlement of the aforesaid land in his favour. He, therefore, prays for withdrawal of the writ petition to file appropriate application in the encroachment case for settlement of the Government land in favour of the Petitioner.
5. Mr. S.R. Pattnaik, learned Additional Government Advocate submits that the Petitioner cannot claim any particular piece of Government land to be settled in his favour. Since the Petitioner has statutory remedy before the Authority, the writ petition is not maintainable.
6. Taking note of the submission made by the learned counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner to be settled with a piece of Government land, disposes of the writ petition as withdrawn with an observation that if any application is filed, the same may be considered in accordance with law.
7. Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Judge