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2026 DAILYLAW 3577 (ORI)

PARESH KUMAR BEHERA v. STATE OF ODISHA

WP(C)/2519/2026 · 2026-04-17

Murahari Sri Raman

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.2519 of 2026 Paresh Kumar Behera …. Petitioner Mr. Bibhuti Keshari Biswal, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Sanjib Swain, AGA CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. 01. ORDER 17.04.2026 1. Learned counsel appearing for the petitioner submitted that questioning the wrong recording of status of the land in the Record- of-Right published on 4th April, 1996 (Annexure-1), the petitioner approached the Revenue Divisional Commissioner, Central Division, Cuttack in R.P. Case No.2350 of 2022 invoking Section 15(b) of the Odisha Survey and Settlement Act, 1958, which is stated to be pending for consideration. But in the meanwhile, vide Letter No.4494, dated 25th November, 2017, the Tahasildar, Narasinghpur has issued notice under Section 7 of the Odisha Prevention of Land Encroachment Act, 1972 and directed to stop construction over the Plot No.755, Khata No.583 admeasuring area Ac.0.015 kadi out of Ac. 2.08 decimal. 2. It is submitted that if the revision petition is not directed to be disposed of within a stipulated period, serious prejudice would be ensue, in the event the Tahasildar would exercise the power conferred under the Odisha Prevention of Land Encroachment Act. 3. Objection being raised by the learned Additional Government Advocate to entertain this writ petition, it is submitted that the petitioner may approach the appropriate authority for ventilating his grievance. 4. In view of aforesaid, interest of justice would be best served if the petitioner approaches the Secretary to Revenue Divisional Commissioner, Central Division, Cuttack-opposite party No.2 and file an application seeking expeditious hearing of the pending R.P. No. 2350 of 2022 within a period of seven days from the date of receipt of copy of this order. In such event, the application of the petitioner shall be considered by the said authority within a period of two weeks thereafter fixing date to proceed with the revision case being R.P. No. 2350 of 2022. 5. With the aforesaid observation and direction, the writ petition stands disposed of. (M.S. Raman) Judge Laxmikant Designation: SENIOR STENOGRAPHER