IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17151 of 2026 Nalu Patra …. Petitioner Mr. Prasanta Kumar Satapathy, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Siba Narayan Biswal, Additional Standing Counsel CORAM: HON’BLE MR. JUSTICE K.R. MOHAPATRA ORDER Order No. 29.05.2026 01. 1. This matter is taken up through Virtual mode. 2. Grievance of the Petitioner in this writ petition is with regard to a mic announcement made by Tahasildar, Basudevpur to evict the Petitioner from the land in question, where he has constructed a shop room and earning his livelihood. 3. Mr. Satapathy learned counsel for the Petitioner submits that by encroaching upon a portion of Government land i.e., Khata No.191 Plot No.677 to an extent of 10x20 feet in Mouza Kerasahi under Basudevpur Tahasil in the district of Bhadrak, the Petitioner has constructed a shop room for earning his livelihood. 3.1 He was issued notice in Form ‘Ka’ under the Provision of Orissa Prevention of Land Encroachment Act, 1972 (for brevity ‘the Act’). Subsequently, notice in Form ‘Kha’ was issued for his eviction. Assailing the same, the Petitioner preferred Encroachment Appeal No.22 of 2026 before the Sub-Collector, Bhadrak. Initially, an interim order staying the order of eviction of the Petitioner was granted. Digitally Signed Signed by: SASHIKANT PARIDA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-May-2026 13:27:05 Signature Not Verified 4. The appeal was heard on 22nd May, 2026. Although, no final order was pronounced on the said date, but the Tahasildar, Basudevpur in a mic announcement on 23rd May, 2026 directed the Petitioner to vacate the land by 30th May, 2026, failing which, he would be evicted. Thus, finding no other alternative, the Petitioner has filed this writ petition. 4.1 It is submitted that the Petitioner has applied for the certified copy of the final order passed in Encroachment Appeal No.22 of 2026, though he is in dark as to whether any final order has been passed in the aforesaid Encroachment Appeal or not. Hence, a breathing time may be given to file revision against the order, if any passed, in the Encroachment Appeal. 5. Mr. Biswal, learned Additional Standing Counsel submits that he has no instruction in the matter. He further submits that no order of eviction passed by the Sub-Collector, Bhadrak in Encroachment Appeal No.22 of 2026 is enclosed to the writ petition. Hence, it is very difficult to know as to whether any final order has been passed in Encroachment Appeal No.22 of 2026 or not 6. Taking into consideration the submission made by learned counsel for the parties and keeping in mind that the Petitioner may be evicted by 30th May, 2026, this Court disposes of the writ petition with a direction that if the Petitioner makes an application for obtaining a certified copy of the final order, if any, passed in Encroachment Appeal No.22 of 2026, the Sub-Collector, Bhadrak shall grant the same within a period of seven days thereafter. The Petitioner, if so advised, may file a revision at the earliest assailing the same, if the order of Tahasildar, Basudevpur is confirmed in the appeal. 6.1 In order to enable the Petitioner to file a revision against the final order in Encroachment Appeal No.22 of 2026, if any passed, this Court directs that the Petitioner shall not be evicted from the aforesaid land till 22nd June, 2026. It is made clear that this Court has not expressed any opinion on the merits of the case of the Petitioner and the interim order granted, shall be subject to any interim order to be passed in the revision. 7. With the aforesaid observation and direction, the writ petition is disposed of. 8. Since this writ petition is disposed of without issuing notice to the Opposite Parties, they are at liberty to seek for variation of this order, if they feel aggrieved. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Vacation Judge Sashikant