IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12297 of 2025 Sekh Ariff …. Petitioner Ms. D. Mohapatra, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. D. Nayak, A.G.A. CORAM: JUSTICE B. P. ROUTRAY ORDER 16.01.2026 Order No. 11. 1. Heard Ms. D. Mohapatra, learned counsel for the Petitioner and Mr. D. Nayak, learned Additional Government Advocate for State-Opposite Parties. 2. The Petitioner’s grievance is that though in Land Encroachment Case No.41 of 1989, the Tahasildar, Phulbani/ Kandhamal vide his order dated 14.05.2003 under Annexure-1 has recommended for settlement of the land in favour of the Petitioner as per the provisions contained in Section 8-A of the OPLE Act to the Sub-Collector, Phulbani, but no action on the same has been taken till date. Further in the meantime, the Petitioner has constructed his residential house thereon. 3. On the other hand, the authorities are now proceeding for eviction of the Petitioner from the case land, i.e. Plot Nos.53 & 53/1210 under Khata No.224 of mouza-Jiringipada. Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Jan-2026 17:16:23 Signature Not Verified 4. It is admitted on the part of the State-Opposite Parties that such recommendation of the Tahasildar vide order dated 14.05.2003 has not been acted upon yet. 5. Thus, in the above premises, the writ petition is disposed of with a direction to the Sub-Collector, Kandhamal/Phulbani (Opposite Party No.3) to pass necessary orders on the recommendation of the Tahasildar dated 14.05.2003, in accordance with law, within a period of three months from the date of receipt of certified copy of this order along with a copy of the writ petition. Till such decision is taken by the Sub-Collector, no eviction against the Petitioner in respect of the case land may be effected. 6. An urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge B.K. Barik