p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 30891 OF 2025 Gagan Bihari Pradhan and others …. Petitioners Mr. Lambodar Pradhan, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Manmaya Kumar Dash, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 18.11.2025 01. 1. This matter is taken up through hybrid mode. 2. Petitioners in this writ petition pray for a direction to settle Hal Plot No.362 under Khata No. 197 to an extent of Ac.0.05 dec. situated in Mouza- Dadhipur, under Mahakalapara, in the District of Kendrapara (for brevity, ‘the case land’). 3. It is submitted by Mr. Pradhan, learned counsel for the Petitioners that the case land has been recorded in the name of Government under Abadajogya Anabadi status. The kisam of the land is Bagayat-3. Since, the grandfather of the Petitioners was landless, he encroached upon the land and was residing thereon along with his family. Encroachment case was initiated against the grandfather of the Petitioners, namely, Laxman Pradhan, S/o- Bina Pradhan and he had paid penalty for unauthorized occupation. The Petitioners are also staying therein by constructing their residential house. Till date, the Petitioners are in possession over the case land. As the Petitioners are landless, they applied for settlement of the case land in their p. 2 favour in Form-1 to the Tahasildar, Mahakalpara. Till date, no action has been taken on the said Application. Hence, this writ application has been filed for the aforesaid relief. 4. Mr. Dash, learned Additional Standing Counsel submits that although a copy of Application in Form No.1 has been filed along with the Petition, but there is no evidence on record that it was in fact filed before the Tahasildar, Mahakalpara. He also submits that the Petitioners have no legal right to claim for settlement of a particular piece of Government land in their favour. As stated, encroachment cases were initiated against the grandfather of the Petitioners and he paid the penalty. Thus, the land is objectionable as such the case land could not be settled in favour of the Petitioners. 5. Taking note of the submission made by learned counsel for the Parties, this Court finds that although a copy of Application in Form No.1 has been filed, but there is no evidence on record that it was filed before the Tahasildar, Mahakalpara. As rightly stated by Mr. Dash, learned Additional Standing Counsel, the Petitioners cannot claim to settle a particular piece of land in their name. 6. However, taking note of the submission made by Mr. Pradhan, learned counsel for the Petitioners that the Petitioners are landless, this Court disposes of the writ petition with a direction that in the event the Petitioners file an application before the Tahasildar, Mahakalapara complete in all respect for settlement of a piece of Government land, the same shall be considered in accordance with law, giving them an opportunity of hearing. Page 3 of 3 7. It is made clear that this Court has not expressed any opinion on the merit of the case of the Petitioners to be settled with a piece of Government land. Urgent certified copy of the order shall be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) Subhalaxmi Judge SAHOO