Orissa High Court
/6203/2026 of RAGHUNANDAN NATH Vs STATE OF ODISHA on 20 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6203 of 2026 (PIL) CNR No. ODHC010127152026 Raghunandan Nath & others …. Petitioners Mr. S.K. Dash, Advocate -Versus- State of Odisha & others …. Opp. Parties Ms. A . Dash, ASC CORAM: HON’BLE THE CHIEF JUSTICE AND
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6203 of 2026 (PIL)
CNR No. ODHC010127152026
Raghunandan Nath & others
….
Petitioners
Mr. S.K. Dash, Advocate
-Versus-
State of Odisha & others
….
Opp. Parties
Ms. A. Dash, ASC
CORAM:
HON’BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
20.08.2026
01.
1. The instant Public Interest Litigation is taken out alleging rampant encroachment over the public roads and Government lands by several squatters, yet the authorities are showing an apathetic approach by not activating the process of law and removing such illegal encroachments therefrom. As an exemplar, the Petitioners have impleaded Opposite Party Nos. 4 & 5, who, according to the Petitioners, have been occupying land belonging to the Government or the public, yet there has been no attempt on the part of the authorities to remove them therefrom.
2. The learned Additional Standing Counsel submits that after being apprised of the fact that the proceeding was initiated against the Opposite Party Nos.4 & 5, and they were removed therefrom, but subsequently, they have further made an encroachment and the authorities are contemplating to take an action. It is fervently submitted that apart from Opposite Party Nos. 4 & 5, the Tahasildar has been directed to make the visit and identify any other persons found to occupy the Government land or a public land illegally and wrongfully, and in the event such report is submitted, immediate steps shall be taken as provided in law.
3. It is no longer res integra that, the moment our land or a property is recorded in the Record of Rights as Government land or as a property belonging to the benefit of the public at large, it is the ardent duty of the State to see that such properties are neither dissipated nor dealt with otherwise. Immediate recourse, as provided under the law, should be ensured, as the authorities cannot show any apathetic approach in this regard, more particularly in cases of encroachment over Gochar land or land belonging to the public, unless the conversion proceeding is initiated as provided in law. Equally, the State shall also ensure the rights of the citizens, if accrued from the statutory provisions, and shall take appropriate decisions. In the event the settlement of such oustees is warranted under any policy, the scheme and/or the law applicable in this regard shall be followed.
4. So far as the instant case is concerned, since the steps have already been taken and assurance is given to this Court that the State or its instrumentalities, including the officials, shall not leave any stone hunter, as all possible steps shall be taken in accordance with law. We do not find any justification in keeping the instant Public Interest Litigation pending. Accordingly, the same is hereby disposed of.
(Harish Tandon) Chief Justice
(Chittaranjan Dash) Judge
Bijay/ Sarbani Digitally Signed Signed by: SARBANI DASH Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Aug-2026 16:10:23 Signature Not Verified