IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12734 of 2026 Rajan Nayak …. Petitioner Mr. Jayanta Kumar Majhi, Advocate -versus- State Of Odisha & Ors. …. Opp. Parties Mrs. Suman Pattanayak, AGA CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 09.07.2026 01. 1. Heard learned counsel for both the Parties. 2. By means of this Application, the Petitioner seeks the following relief:- “Therefore, it is respectfully prayed that this Hon'ble court may graciously be pleased to admit this writ petition. Issue rule Nisi for calling upon the Opp. parties particularly opp. party No.5 for show cause as to why the direction will not be issued for initiation of demolition/eviction proceeding after completion of the demarcation proceeding as per the notice dtd. 06.02.2026. This Hon'ble court be pleased to make its rule absolute if the said opp. party fails to submit sufficient cause or show insufficient cause and after hearing from the parties this Hon'ble Court may direct in the writ of mandamus to the Opp. Party No.5- Tahasildar, Basudevpur to initiate the Eviction/Demolition proceeding after conclusion of the demarcation proceeding as per notice dtd.06.02.2026 issued by the said Tahasildar for demarcation of the land. This Hon'ble Court may further be pleased to grant liberty to the petitioner to the appellate authority to make an appeal against the eviction proceeding for the interest of justice.” 3. Mr. Majhi, learned counsel for the Petitioner, drew the attention of this Court to the fact that pursuant to the notice issued p. 2 to the Petitioner on 02.01.2026, he submitted his written objection before Opposite Party No.5, i.e., the Tahasildar, Basudevpur, in connection with the Land Encroachment Case No.523 of 2025-26. A copy whereof has been placed at Annexure-2. The objection was submitted on 08.01.2026. 4. The Authority having issued a notice to the Amin of the concerned Tahasildar, got the land demarcated to ensure whether the Petitioner is in actual encroachment of the Government land and accordingly, vide letter No.840 dated 06.02.2026. The subject land was re-demarcated and finally it was ascertained by the Petitioner is in equipment of the Government land and accordingly, Annexure-4 was issued directing the Petitioner to get him evicted from the subject land. Since the Authority has adhered to the provisions enumerated under the OPLE Act by affording an opportunity of being heard to the Petitioner, the subsequent action of the Authority by passing the order for eviction is subject appeal before the forum under the statute. 5. Mr. Majhi, learned counsel for the Petitioner submits that he would resort to approach the appropriate forum under the statute and accordingly, liberty be granted. 6. The Petitioner is permitted to withdraw the Application with liberty to approach the appropriate forum available under the statute within a period of fifteen (15) days and in event, the eviction has not been effected as on date. No coercive action shall be taken against the Petitioner for a period of one (1) month p. 3 enabling the Petitioner to pursue this matter before the appropriate Authority. 7. In the event, the Petitioner does not approach the Authority and within a time stipulated as above the Authority shall be free to move in accordance with law. 8. With the above observation, the Writ Petition stands disposed of as withdrawn. (Chittaranjan Dash) Judge Priyanka