Orissa High Court

WP(C)/29155/2026 of KAMALA SAHU Vs STATE OF ODISHA on 11 September 2026

of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 29155 of 2026 CNR No. ODHC010696772026 Kamala Sahu ..…... Petitioner (s) Mr. Sushanta Kumar Joshi, Adv. -Versus- State of Odisha & Ors. .. .…. Opposite Party (s) Mr. Tej Kumar, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 29155 of 2026

CNR No. ODHC010696772026

Kamala Sahu

..…...

Petitioner (s)

Mr. Sushanta Kumar Joshi, Adv.

-Versus-

State of Odisha & Ors.

.. .….

Opposite Party (s)

Mr. Tej Kumar, ASC

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

11.09.2026 Order No.

01.

1. This matter is taken up through hybrid arrangement.

2. The present Writ Petition has been filed by the Petitioner with the following prayer: “It is therefore prayed that this Hon'ble Court may graciously be pleased to admit this writ petition, call for records and after hearing the parties, pleased to allow the writ petition and issue an appropriate order or direction to OP No.4 to reconsider and settle the matter afresh in accordance with law, by initiating and concluding the appropriate statutory proceeding under the OPLE Act, 1972 and the Rules framed thereunder; And pass any other order/orders, direction/directions as this Hon'ble Court may deem just and proper;”

3. Heard learned counsel for the parties.

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4. Learned counsel for the Petitioner submits that since the land in question falls under the area of the NAC Khariar /Opposite Party No.3, the Tahasildar, Nuapada has no jurisdiction to demolish the boundary wall of the Petitioner on the basis of the inquiry report under Annexure-3 submitted by the Revenue Inspector, Khariar, Road.

5. In such view of the matter and considering the submission made by learned counsel for the parties, this Court is of the view that since the disputed land in question is within the purview of the NAC Khariar, the Tahasildar, Nuapada has no jurisdiction to demolish the boundary wall of the Petitioner. Accordingly, the Petitioner is granted liberty to approach the Executive Officer, NAC, Khariar by filing a representation, along with relevant document, within fifteen working days from today. In the event such representation is filed within the stipulated period, the Executive Officer, NAC, Khariar shall consider and dispose of the same, taking into account all relevant aspects of the matter and the documents produced by the Petitioner in accordance with law, as expeditiously as possible, preferably within a period of fifteen days thereafter.

6. It is further directed that, till disposal of the said representation, no coercive action shall be taken against the Petitioner pursuant to the inquiry report dated 21.08.2026 under Annexure-3, submitted by the Revenue Inspector, Khariar Road.

7. This Writ Petition is, accordingly, disposed of.

1. ( Dr. Sanjeeb K Panigrahi)

Judge Murmu

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