Ananta Kumar Dutta & Ors. v. State of Odisha & Ors.
Case at a glance
Outcome
Disposed of
The writ petition stands disposed of
Provisions considered
Key paragraphs
- Para 55. The writ petition stands disposed of. Aswini Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Apr-2026 11:46:06 (Harish Tandon) Chief Justice (M.S. Raman) Judge
Judgment
Mr. Subas Chandra Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Debashis Tripathy, Additional Government Advocate CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No.
#1. The present writ petition in the nature of Public Interest ORDER 15.04.2026 Litigation (PIL) is at the behest of the petitioners alleging that despite the communication having made with the concerned authority in relation to an illegal encroachment over the gocher land, no steps have been taken by the authorities as of now.
#2. In recent times, we have noticed frequent Public Interest Litigations are flowing in the docket of the Court raising such concern and only after the Court intervenes, the steps have been taken in this regard. It is an ardent duty of the Government to ensure that the public land is not encroached and an appropriate step is taken against such illegal and unauthorized encroachers. In some of the PIL, the Government came up with the policy of no tolerance with regard to the illegal encroachment of the public land, more particularly the gocher lands which are earmarked for the purpose of grazing of cattle and calves for their sustenance.
#3. In the instant case, the learned Additional Government Advocate fairly submits that immediately after being apprised of such illegal and unauthorized encroachment over the gocher land, a local enquiry was conducted by the competent authority and 27 cases of land in encroachment have already been initiated under the Odisha Prevention of Land Encroachment Act, 1972 against those encroachers. Since the provision of the Act has already been pressed in action, it will be a futile exercise to keep the PIL pending as the Government has already initiated such proceeding against those encroachers.
#4. We expect that the Government would bring those cases to its logical end at the earliest, preferably within a period of six weeks from the date of the communication of this order, by recording proper reasons in accordance with law.
#5. The writ petition stands disposed of. Aswini Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Apr-2026 11:46:06 (Harish Tandon) Chief Justice (M.S. Raman) Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition stands disposed of
Which statutory provisions did this judgment involve?
Odisha Prevention of Land Encroachment Act, 1972.
Precedent status how later indexed judgments have treated this case
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