p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.5897 of 2026 Bira Munda …. Petitioner Mr. B. Seth, Advocate -versus- State of Odisha & others …. Opposite Parties Mr. B. Nayak, AGA CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 05.05.2026 01. This matter is taken up through hybrid mode. 2. The Petitioner, who claims himself to be a landless poor person and has cultivated the Government land, which was allegedly encroached by his father, has preferred the present writ petition seeking a direction to the Tahasildar, Tarbha in the district of Subarnapur to settle the Govt. land in his favour by considering his representation dated 10.12.2025 (Annexure-4), which is allegedly pending before the Tahasildar, Tarbha. 3. Mr. Nayak, learned Additional Government Advocate, who accepts notice on behalf of the Opposite Parties and admits to have received copy of the writ petition submits, the writ petition is premature. Mr. Nayak, learned AGA further submits, the apprehension of the Petitioner that the Tahasildar, Tarbha may acquire the encroached land without following due procedure, is p. 2 baseless. That apart, the prayer made in the writ petition is also not maintainable, when encroachment proceeding is allegedly pending before the Tahasildar, Tarbha vide Encroachment Case No.189 of 2024. Further, order passed by the Tahasildar, if any, is appealable under Section 12 of the Orissa Prevention of Land Encroachment Act, 1972. 4. However, at this stage, learned Counsel for the Petitioner prays for withdrawal of the writ petition to avail his remedy in terms of the Orissa Prevention of Land Encroachment Act, 1972 and Rules made there under, so also under the Odisha Government Land Settlement Act, 1962 and Rules made thereunder. 5. Accordingly, without expressing any opinion on the merit of the case, the writ petition stands disposed of as withdrawn. 6. This Court is hopeful that the Tahasildar, Tarbha shall proceed in Encroachment Case No.189 of 2024 in accordance with law, giving due opportunity of hearing to the Petitioner, provided the same is still pending. 7. Urgent certified copy of this order be granted on proper application. Kanhu (S.K. MISHRA) JUDGE Designation: JUNIOR STENOGRAPHER Location: High Court of Orissa, Cuttack.