Orissa High Court

WP(C)/18287/2026 of SYAMAKANTA PATTANAIK Vs STATE OF ODISHA on 22 July 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) (PIL) No.18287 of 2026 Syamakanta Pattanaik and Others …. Petitioners Mr. Rohit Ranjan Ray, Advocate -Versus- State Of Odisha & Ors. …. Opposite Parties Mr. Sanjib Kumar Swain, AGA CORAM: HON’ BLE THE CHIEF JUSTICE AND

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) (PIL) No.18287 of 2026

Syamakanta Pattanaik and Others

….

Petitioners

Mr. Rohit Ranjan Ray, Advocate

-Versus-

State Of Odisha & Ors.

….

Opposite Parties

Mr. Sanjib Kumar Swain, AGA

CORAM:

HON’ BLE THE CHIEF JUSTICE

AND

HON’BLE MR. JUSTICE CHITTARANJAN DASH

Order No.

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ORDER

22.07.2026

01.

1. The instant Public Interest Litigation (PIL) has been jointly instituted by five Petitioners raising a grievance with regard to the construction of a concrete boundary wall around a parcel of land, alleging that such construction would obstruct their right of way to their respective lands.

2. The materials on record reveal that the land in question, the description whereof finds place in Paragraph-5 of the Writ Petition, was originally recorded as Gochar land, meant for grazing of cattle. Subsequently, in accordance with the provisions of the applicable statute, proceedings were initiated for conversion of the said land from 'Gochar' to 'Patita'. Consequent upon the order of conversion and correction of the Record of Rights, the land was allotted in favour of Opposite Party No.5-Odisha Power Transmission Corporation Limited (OPTCL) for establishment of an industrial unit. Naturally, the boundaries of the allotted land were required to be demarcated and, for facilitating the establishment of the industrial unit, Opposite Party No.6 commenced construction of a boundary wall around the allotted land, excluding the land belonging to Pattnaik Steel International Ltd.

3. The Petitioners, by giving the dispute the colour of a public interest litigation, have approached this Court alleging infringement of their right of way and seeking a direction to the Collector, Khordha and the Tahasildar, Bolagarh to conduct an emergent joint site inspection along with the Engineers of Opposite Party Nos.4 and

5.

4. On a careful consideration of the pleadings, it is evident that the pith and substance of the dispute is founded upon the alleged infringement of an easementary right. Such a right is essentially civil in nature and cannot ordinarily be agitated in the guise of a Public Interest Litigation. A litigant cannot be permitted to invoke the extraordinary jurisdiction of this Court under the banner of public interest to settle private disputes or to circumvent the forum specifically provided under law for adjudication of such civil rights. Questions relating to easementary rights are required to be adjudicated before the competent civil forum and not in proceedings styled as a Public Interest Litigation.

5. We, therefore, find no element of genuine public interest involved in the present case. The instant Writ Petition, presented as a Public Interest Litigation, is wholly misconceived and is accordingly dismissed.

(Harish Tandon) Chief Justice

(Chittaranjan Dash) Judge

AK.Pradhan/Priyanka Digitally Signed Signed by: PRIYANKA BARIK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 24-Jul-2026 16:02:03 Signature Not Verified

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