Judgment · High Court

ORDER 17.08.2026 This matter taken up through hybrid arrangement.

#2. By filing the present Writ Petition, the Petitioner, named, Batakrushna Jena, has assailed the legality and propriety of the action/steps being taken by the Opposite Parties for evicting the Petitioner from the land situated at Mouza-Dumduma, Tahasil-Bhubaneswar, classified as “Gharabari”, wherein the Petitioner claims to have been residing along with his family members since the year

#1950. It is further contended that, upon consideration of the objection raised by the Petitioner, the Assistant Settlement Officer, by order dated 15.06.1960 passed in Objection Case No.375 of 1960, directed recording of the Petitioner as an “Occupant” in the remark column in Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-Aug-2026 14:05:32 respect of the land in question. The Petitioner contends that the aforesaid long-standing possession and the entry made pursuant to the order dated 15.06.1960 constitute relevant materials which are required to be duly considered before any action for dispossession undertaken against him.

#3. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Parties.

#4. Learned counsel for the Petitioner submits that, ventilating his grievance with regard to the proposed action of dispossession, the Petitioner had submitted a representation dated 28.05.2025 before Opposite Party No.3, setting out the relevant facts and enclosing the documents in support of his claim, including the order dated 15.06.1960 passed in Objection Case No.375 of 1960. It is submitted that the said representation has not yet been considered and disposed of by the competent authority and, in the meantime, the Petitioner apprehends coercive action in respect of the land in question. It is further submitted that any action affecting the settled possession of the Petitioner is required to be taken only by the competent statutory authority and in accordance with the procedure prescribed under the applicable law, after Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-Aug-2026 14:05:32 affording the Petitioner reasonable opportunity of placing his case.

#5. Having heard learned counsel for the parties and on perusal of the averments made in the Writ Petition, this Court, without expressing any opinion on the merits of the claim of the Petitioner or on the title/status of the land in question, considers it appropriate to dispose of the Writ Petition with the following directions: (i) The Petitioner shall submit a fresh representation, along with a copy of the representation dated

28.05.2025 and all relevant documents, including the order dated 15.06.1960 passed in Objection Case No.375 of 1960 and the relevant Record-of- Rights/settlement records, before the competent authority, named, the Commissioner, Bhubaneswar Municipal Corporation, within a period of three days from the date of receipt/production of a certified copy of this order; (ii) Upon receipt of such representation, Commissioner, Bhubaneswar Municipal Corporation, shall duly acknowledge the same and shall consider and dispose of the representation by passing a reasoned and speaking order, dealing with the specific contentions raised by the Petitioner and Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-Aug-2026 14:05:32 the documents relied upon by him, within a period of fifteen days thereafter; (iii) While considering the representation, authority shall verify the relevant settlement records, Record-of-Rights, the order dated 15.06.1960 passed in Objection Case No.375 of 1960, the present classification/status of the land, and the authority under which the proposed action of eviction is sought to be undertaken; (iv) In the event, the proposed action is founded allegation unauthorised occupation/encroachment of Government or public premises, the competent authority shall ensure that the action is taken strictly in accordance with the provisions of the applicable statute and procedure prescribed thereunder, including requirement of notice and reasonable opportunity of hearing wherever mandated by law; (v) The reasoned order so passed shall be communicated to the Petitioner forthwith and, in any event, within a period of seven days from the date of its passing.

#6. It is further directed that, till the representation is considered and disposed of in terms of the aforesaid Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-Aug-2026 14:05:32 directions, no coercive action for dispossession of the Petitioner from the land in question shall be taken.

#8. The Writ Petition is accordingly disposed of. All contentions of the parties on the merits of the claim, including the question of title, nature and character of the land, legality of the entry made in the settlement record and the competence/jurisdiction of the authority proposing eviction, are left open to be considered by the competent authority in accordance with law.

#9. Issue urgent certified copy of this order as per Rules. Judge (Dr. Sanjeeb K Panigrahi) Sipun