WP(C)/9989/2026 of SANATANA SENAPATI Vs STATE OF ODISHA on 15 July 2026

ORDER

15.07.2026

01.

1. The instant writ petition in the nature of public interest litigation has been filed with a prayer to direct the opposite party no.4, namely, Tahasildar, Udala in the district of Mayurbhanj to take necessary steps for eviction of unauthorized occupant from the Government land bearing plot No.1349 in khata No.203, kissam: gramya rasta and from plot Nos.1350, 1352, 1353, 1354, 1357 and 1358, kissam: Gochar of mouza: Gopabandhu Nagar in terms of the direction contained in the order dated 14.07.2016 passed by the Collector, Mayurbhanj in Encroachment (Revision) Case No.03 of 2016 relating to the proceeding under Section 12(2) of the Odisha Prevention of Land Encroachment Act, 1972 (hereinafter referred to as “the OPLE Act”).

2. Sri Dharmendra Sethy, learned advocate would submit that the villagers of Gopabandhu Nagar approached the Collector,

Mayurbhanj on 23.06.2014 by way of submitting a representation for the above purpose of evicting the encroacher from the Government land and also appeared before the Public Grievance Cell conducted in the office of the Sub-Collector, Kaptipada, Udala.

3. It is brought to the notice of this Court that the Tahasildar, Udala initiated proceeding against the opposite party no.5 vide Land Encroachment Case No.63 of 2014 and directed eviction of the opposite party no.5 from the Government land against which, an encroachment appeal being Encroachment (Appeal) Case No.02 of 2015 was preferred by said encroacher before the Sub-Collector, Kaptipada, Udala. Said appeal was dismissed on 30.06.2015, against which Encroachment (Revision) Case No.03 of 2015 was registered, wherein the Collector, Mayurbhanj directed to consider the matter afresh by the authority concerned under the provisions of the OPLE Act. After rejection of the appeal, opposite party no.5 filed a petition under Section 8-A of the OPLE Act for settlement of the encroached Government land in his favour before the Tahasildar, Udala. However, subsequently by virtue of a direction being issued by this Court in WP(C) No.18242 of 2015 disposed of on 03.11.2015, the Tahasildar, Udala referred the application to the Sub-Collector, Udala who after having heard the applicant, rejected the same under Section 8-A of the OPLE Act while disposing of the appeal preferred before him on 26.04.2016.

4. Opposite party no.5 approached the Collector, Mayurbhanj with a petition under Section 12(2) of the OPLE Act which was registered as Encroachment (Revision) Case No.03 of 2016 for settlement of the Government land in his favour which came to be dismissed on 14.07.2016 with a direction to the Tahasildar, Udala to proceed with the eviction process under the provisions of the OPLE Act.

5. It is alleged by the petitioners that despite such order being passed by the Collector, Mayurbhanj in the year 2016, the effect of such order has not yet been given by the Tahasildar, Udala notwithstanding the representation having been submitted to him by the petitioners on 28.11.2023.

6. Sri Sanjay Rath, learned Additional Government Advocate upon receipt of written instructions from the Tahasildar, Udala submitted an order dated 13.5.2026 passed by the Sub- Collector, Kaptipada, Udala in Encroachment Appeal Case No.04 of 2023, the relevant portion of which reads as under; “*** Subsequently, the Tahasildar, Udala issued an eviction notice vide Memo No.1630 dated 25.07.2023 directing the appellant to vacate the case land, against which the present appeal has been preferred. On scrutiny of the case record, it appears that although the learned lower court issued the eviction notice vide Memo No.1630 dated 25.07.2023, the served copy of the notice has not been kept on record. Further, no corresponding order sheet entry regard issuance of the said notice is available in the case record. Therefore, it is evident that adequate opportunity of hearing was not provided to the appellant before issuance of the impugned notice. In view of the observations made above, the appeal is allowed with a direction to the learned lower court to provide sufficient opportunity of hearing to the appellant and to dispose of the encroachment proceeding within a period of two months from the date of receipt of this order. ***”

7. It is further submitted by the learned Additional Government Advocate that the Tahasildar, Udala upon receipt of the said order has issued notice to the encroacher vide office letter no.2572 dated 23.06.2026 for hearing and production of relevant documents relating to the proceeding being Encroachment Case No.63 of 2014. It is further explained by Sri Sanjay Rath, learned Addl. Government Advocate that on 14th instant due to incessant rain, no hearing could be undertaken. However, the matter now stands posted to 17.07.2026 for the said purpose.

8. Considering the written instruction as furnished by the learned Addl. Government Advocate, it seems the grievance of the petitioners has been addressed to. Hence keeping the matter pending shall yield no fruitful result. This Court does not feel it appropriate to pass any further directions, as the Tahasildar, Udala has already taken steps to comply with the direction contained in the order dated 13.05.2026 passed by the Sub- Collector, Kaptipada, Udala in Encroachment Appeal Case No.04 of 2023 arising out of Encroachment Case No.63 of 2014. With the hope and trust that the Tahasildar, Udala, shall bring the matter to its logical end as expeditiously as possible, this writ petition is disposed of.

(Harish Tandon)

Chief Justice

(M.S. Raman)

Judge

Pradeep

Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary in charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Jul-2026 18:27:25 Signature Not Verified