IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.36829 of 2025 Mandakini Choudhury ..…... Petitioner (s) Ms. Nilam Binita Minz, Adv. -Versus- State of Odisha & Ors. ……. Opposite Party(s) Ms. Sarita Moharana, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 23.12.2025 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed by the Petitioner with the following prayer: “Under these circumstances, the petitioners most humbly pray that the Hon'ble Court may be graciously pleased to issue the RULE NISI calling upon the opposite parties to show cause as to why (i)The action in threatening the petitioner to vacate the house by the Tahasildar, Boudh shall not be declared as illegal, arbitrary and unreasonable. (ii). The opp. Parties Shall not be restrained to demolish the house of the petitioner. (iii). The opp. Parties Shall not be directed that the petitioner cannot be thrown out from his living house. And pass any other or further direction/directions, order/orders, relief/reliefs which this Hon'ble Court may deem fit and proper.” 4. Learned counsel for the Petitioner submits that the Petitioner is a landless person. The Petitioner has constructed his residential 2 house over the land in question and is residing there since time immemorial. He further contends that the Land Rights Certificate has been issued in favour of the Petitioner in respect of the land in question by the Collector, Boudh. 5. Learned counsel for the Petitioner further contends that the Tahasildar, Boudh is threatening to demolish the dwelling house of the Petitioner without following due process of law. Hence, the Petitioner is constrained to approach this Court. 6. Learned counsel for the State submits that the Petitioner has approached this Court in absence of any eviction order issued by the Tahasildar. 7. Be that as it may, this Court directs the Tahasildar, Boudh to give sufficient opportunity of hearing to the Petitioner as and when any notice of eviction is issued against him. Further, the Tahasildar shall also consider the Land Rights Certificate issued by the Collector, Boudh in favour of the Petitioner at the time of consideration of the case of the Petitioner. 8. Accordingly, the Writ Petition is disposed of. (Dr. Sanjeeb K Panigrahi) Judge Sumitra