Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.33790 of 2025 Ganesh Chandra Shah ..... Petitioner (s) Mr. Surya Pratap Deo Advocate -versus- State of Odisha & Ors. ..... Opposite Party (s) Mr. Rajdeep Pradhan, ASC CORAM: THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 29.11.2025 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner, by filing this Writ Petition, has made the following prayer:- “xxx xxx xxx Direct the respondent official Tehsildar, Bisra, District Sundargarh, to consider and settle the matter under Section 8 of the Orissa Prevention of Land Encroachment (OPLE) Act, strictly in accordance with law. Allow the Petitioner to deposit the requisite fine/assessment, if any, as may be determined under the OPLE Act, and condone the delay, considering the Petitioner's age and bona fide possession since 1974. Declare that Khata No. 136, Plot No. 168, Mouza Bisra, District Sundargarh stands recorded in favour of the Petitioner and is his private land; Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 02-Dec-2025 11:06:31 Signature Not Verified Page 2 of 3. Issue a writ of Certiorari quashing Letter No. 2343 dated 21.06.2025 and Letter No. 3159 dated 03.09.2025 issued by the Tehsildar, Bisra, wrongly classifying the Petitioner's recorded land as Govemment/Gochar land; Issue a writ of Mandamus directing the Respondents officials to stop all ongoing and proposed construction on the Petitioner's land; xxx xxx xxx” 3. Learned counsel for the Petitioner submits that the Petitioner has been in peaceful and continuous possession of his recorded private land under Khata No. 136, Plot No. 168, Mouza Bisra since 1974, with the Record of Rights standing in his favour. However, without issuing any notice or initiating any proceedings under the Orissa Prevention of Land Encroachment Act (OPLE), the Tahsildar, Bisra illegally classified the Petitioner's recorded private land as Government/Gochar land through internal communications. Relying on such illegal letters, the officials have entered upon the land and commenced construction activities. No notice, inquiry, show-cause or hearing under Sections 4, 6, 7 or 9 of the OPLE Act were ever issued, rendering all actions void, arbitrary and without jurisdiction. The mandatory statutory requirements and principles of natural justice have been completely violated. The Petitioner's long and uninterrupted possession since 1974 has also been ignored in violation of Section 8-A of the OPLE Act. The actions of the Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 02-Dec-2025 11:06:31 Signature Not Verified Page 3 of 3. Tehsildar and Block Development Officer (BDO) are illegal, arbitrary, mala fide, violative of Articles 14 and 300-A of the Constitution which amounts to direct interference with the Petitioner's lawful property. Having no alternative or efficacious remedy, the Petitioner has approached this Court seeking protection of his recorded land and quashing of the impugned illegal actions. 4. Considering the submissions made by the learned counsel for the Petitioner, without going into the merits of the case, this Court directs the Tahasildar, Bisra/Opposite Party No.2 to give sufficient opportunity of hearing to the Petitioner before embarkment of any kind of takeover or construction activities to be done in the encroached space occupied by the present Petitioner. 5. The Writ Petition stands disposed of. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali