Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23414 of 2025
Madan Mohan Jena …. Petitioner(s) Mr. Rajjeet Roy, Adv.
-versus- State of Odisha & Ors. …. Opposite Party(s)
Miss Gayatri Patra, ASC
CORAM:
HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No.
ORDER 11.12.2025
06.
1. This matter is taken up through hybrid arrangement.
2. In filing this Writ Petition, the Petitioner being an encroacher who has raised unauthorized construction within the premises of Government quarters in question, has challenged the order dated 30.11.2024 passed by the learned Estate Officer, Bhubaneswar in OPP Case No.01 of 2024 (Qr.) and also the order dated 23.07.2025 passed by the learned Director of Estates, Odisha in OPP Appeal Case No.64 of 2024 (Q).
3. Heard.
4. At the outset, pursuant to the earlier order of this Court
learned counsel for the State, on instruction, submits that the Petitioner has unauthorizedly constructed an asbestos structure measuring approximately 600 sq.ft. within the Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 15-Dec-2025 17:53:40 Signature Not Verified
premises of two G.A pool Government quarters bearing Nos.E-21/1 and E-22/2, CRP (Rental Colony), Bhubaneswar.
5. She further contends that during inquiry the Petitioner has admitted to have constructed the above noted asbestos structures within the premises of Government quarters in question. She, accordingly, prays for dismissal of this Writ Petition.
6. The relevant portion of the said instruction received through the communication dated 13.09.2025 made by the Director of Estates-cum-Ex-Officio, Additional Secretary to Government of Odisha is extracted herein below:-
“a. The petitioner Shri Madan Mohan Jena has constructed an unauthorized asbestos structures measuring approximately 600 sq.ft. within the premises of two G.A. pool Government Quarters Nos.E-21/1 and E-22/2, CRP (Rental Colony), Bhubaneswar. b. During the inquiry, Shri Jena admitted that the unauthorized structure was constructed by him and stated that he was working as a teacher at St. Xavier High Schoo, Alarpur, Rangabazar, Balianta.
5. Meanwhile, the Estate Officer has issued an
order under Section 5(2) of the OPP (EUO) Act, 1972, authorizing the Rent Officer for the eviction of the petitioner from the premises of Quarter Nos. E-21/1 and E-22/2, CRP (Rental Colony), Bhubaneswar. In view of the aforesaid points, it is concluded that the Petitioner is in unauthorized occupation Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 15-Dec-2025 17:53:40 Signature Not Verified
of public premises and creates a challenge to the safety and security of the authorized occupants of Quarter Nos.E-21/1 and E-22/2, CRP (Rental Colony), Bhubaneswar and he is liable for eviction as per the order of the Estate Court, Bhubaneswar.”
7. Considering the above submission made by the learned counsel for the State and looking to the instruction received through the communication dated 13.09.2025, this Court is not inclined to interfere in the impugned orders dated 30.11.2024 and 23.07.2025. This Court, accordingly, directs the Petitioner to vacate the disputed premises in question within two months hence, failing which, the authority concerned shall take appropriate action against the Petitioner as per law.
8. This Writ Petition is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant