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2025 DAILYLAW 75641 (ORI)

JAGABANDHU JENA v. STATE OF ODISHA

WP(C)/32190/2025 · 2025-11-13

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32190 of 2025 Jagabandhu Jena …. Petitioner(s) Mr. Prasanta Kumar Satapathy, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Rajdeep Pradhan, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 13.11.2025 01. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner claiming himself to be the owner of the disputed property in question, has challenged the notice of eviction issued by the Tahasildar, Bhadrak vide Annexure-1. Apart from the above challenge, the Petitioner has also sought for a direction from this Court to the Opposite Parties for conducting a demarcation exercise of the disputed property in question prior to initiation of eviction drive, if any,. 3. Heard. 4. Learned counsel for the Petitioner submits that though the Petitioner is the rightful owner of the disputed property in question, the Opposite Parties without having Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 15-Nov-2025 13:51:23 Signature Not Verified proper demarcation exercise are attempting to evict the Petitioner from the said property. 5. Considering the above allegation made by the learned counsel for the Petitioner and looking to the prayer made in this Writ Petition, this Court without going into the merits of the case, directs the Tahasildar, Bhadrak to conduct a joint demarcation exercise pertaining to the disputed property in question in presence of the Petitioner as per law. The Petitioner is directed to remain present during course of demarcation exercise. 7. It is further directed that upon conclusion of the demarcation exercise, if it is found that the Petitioner has encroached any public property, the concerned authority shall take appropriate steps as per law for acquiring the said public property. It is also made clear that upon conclusion of the demarcation exercise, if it is found that the Petitioner has not encroached any public property, the authority concerned shall allow the Petitioner to reside over the land in question without any further hindrance. The Petitioner is also directed not to create any disturbance during course of joint demarcation exercise. 8. The entire exercise shall be completed within a period of two months from the date of presentation of an authenticated copy of this order. 9. It is also directed that till conclusion of the said demarcation exercise, no coercive action shall be taken Designation: Personal Assistant against the Petitioner pursuant to the impugned notice of eviction vide Annexure-1 issued by the Tahasildar, Bhadrak. 10. This Writ Petition is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant