Orissa High Court
WP(C)/18477/2026 of ASHOK JENA Vs THE EXECUTIVE OFFICER, DHENKANAL MUNICIPALTY, DHENKANAL on 19 June 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 18477 of 2026 Ashok Jena …. Petitioner Mr. Rajesh Ranjan Sahoo, Advocate -versus- 1. The Executive Officer, Dhenkanal Municipality, Dhenkanal 2. The State of Odisha, represented through its Secretary, Revenue & Disaster Management,
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 18477 of 2026
Ashok Jena
….
Petitioner
Mr. Rajesh Ranjan Sahoo, Advocate
-versus-
1. The Executive Officer, Dhenkanal
Municipality, Dhenkanal
2. The State of Odisha, represented
through its Secretary, Revenue &
Disaster Management, Bhubaneswar
3. The Collector, Dhenkanal
4. The Sub-Collector, Dhenkanal
5. Tahasildar, Dhenkanal
….
Opp. Parties
Mr. Manmaya Kumar Dash,
Additional Standing Counsel
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 19.06.2026
(Through Virtual Mode)
01. 1. This writ petition has been filed challenging the general eviction notice no. 1850 dated 11.06.2026 under Annexure-3 issued by the Opposite Party No.1 - Executive Officer, Dhenkanal Municipality, informing the public that the houses built illegally by encroaching upon Government Plot No.94 and 94/5767 of Mouza - Banamaliprasad, Kutunia Nua Sahi would be demolished by 19.06.2026 and if anybody had any grievance or objection they should submit the same to the Executive
Officer before 19.06.2026 along with supporting documents in writing, failing which steps for eviction would be taken and the authority would not be responsible for any damage caused by such eviction.
2. Mr. Rajesh Ranjan Sahoo, learned counsel for the Petitioner submits that the impugned notice is a common notice in respect of a vast stretch of land which consists of an area of Ac. 174.63 dec and 113 plots. He also submits that the impugned notice has been issued without any authority as the land belongs to the Government and the Petitioner has been in occupation of the schedule land – in Khata No. 539, Plot No. 94, area Ac. 0.080 dec. since long with his family and has been granted electricity and water connection and he has become a permanent resident of the area. Hence, he cannot be evicted without being given an individual notice and a chance of hearing. He fairly submits that pursuant to the impugned notice, the petitioner has not submitted his grievance or objection. He also submits that the petitioner has not been issued any eviction notice earlier. He undertakes to file an objection / representation by 22.06.2026.
3. In view of the contents of the notice and as the eviction is stated to take place today, without going into the merits of the case of the Petitioner , it is directed that if the Petitioner submits his objection / representation against the impugned notice dated 11.06.2026, by 22.06.2026, before the Opposite Party No.1- Executive Officer, the objection / representation shall be disposed of by a reasoned order within a period of three weeks and the result communicated to the Petitioner.
4. It is further directed that the Petitioner shall not be evicted from the case land, if not already evicted in the meanwhile, for a period of four weeks.
5. If no objection / representation is submitted by 22.06.2026, it is open to the Opposite Party No.1 to proceed with the eviction in accordance with law.
6. With the above observation and directions, the writ petition is disposed of.
7. Urgent certified copy of this order be granted on proper application.
(Savitri Ratho)
Vacation Judge
Sukanta Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 19-Jun-2026 22:05:31 Signature Not Verified