IN THE HIGH COURT OF ORISSA AT CUTTACK
V. NARASINGH, J.
Hemanta Nayak – Petitioner
Versus
State of Odisha and Ors. – Opposite Parties
W.P(C) No.12399 of 2024
Decided On : 09-10-2025
JUDGMENT :
V. Narasingh, J.
1. Heard Mr. Mishra, learned counsel for the Petitioner, Mr. Swain, learned counsel for the State and Mr. Dash, learned counsel for the Opposite Party No.7.
2. Being aggrieved by the Order dated 26.02.2024 passed by the State Information Commissioner in disposing of the Second Appeal No.291 of 2019 of the Petitioner, vide Annexure-16, by which the proceeding was closed, the present writ petition has been filed invoking the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India.
3. The genesis of the grievance is that the Petitioner along with other villagers of village Kuansh under Bhadrak District made a representation to the Chief Secretary, Government of Odisha dated 26.12.2017 at Annexure-1, seeking recording of Jalasaya Plot No.1765 in Government records and consequential direction to evict the alleged illegal encroachers and to restore the status of such land.
4. On perusal of the same, it can be seen that to fortify their stand the Petitioner along with others relied on several documents including orders passed by the Apex Court as well as the decisions of this Court and details of the land has also been mentioned in the said representation and a copy thereof was endorsed to the Revenue Secretary, Odisha, Bhubaneswar, Revenue Divisional Commissioner (Central), Odisha, Cuttack, Member, Board of Revenue, Odisha, Cuttack and Collector, Bhadrak.
The Deputy Secretary to the Board of Revenue, Odisha, Cuttack vide letter dated 11.01.2018 referring to the grievance petition at Annexure-1 adverted to hereinabove directed the Collector, Bhadrak to conduct an inquiry and submit a comprehensive report for appraisal of the Member, Board of Revenue, Odisha, Cuttack.
Similar communication dated 12.01.2018 was addressed to the Collector, Bhadrak by the Office of the Revenue Divisional Commissioner, Central Division, Odisha, Cuttack.
The Government in the Revenue and Disaster Management Department referring to the representation at Annexure-1 has directed the Collector, Bhadrak, Sub-Collector, Bhadrak and Tahasildar, Bhadrak to inquire into the matter and take action in accordance with law.
The said communication of the Board of Revenue, Odisha, Cuttack, Revenue Divisional Commissioner, Central Division, Odisha, Cuttack and the Revenue and Disaster Management Department are on record at Annexures-2 to 4 of the Writ Petition. Copy of the instructions as imparted by the Government vide Annexure-4 was also endorsed to the Petitioner specifically referring to the petition dated 26.12.2017 at Annexure-1.
5. While the matter stood thus, vide letter dated 31.01.2018 the Deputy Collector (Revenue), Collectorate, Bhdrak vide Annexure-5 sought information regarding steps taken for eviction of unauthorized encroachment and redressal of the grievance in public interest.
The Government in the Revenue and Disaster Management Department reiterated its direction to the Collector, Bhadrak by letter dated 13.03.2018, vide Annexure-6 to look into the grievance petition dated 26.12.2017 relating to unauthorized occupation of Jalasaya Land.
6. When the Petitioner could not get any information relating to any follow up action, he made an application for information under Section 16 (1) of the Right to Information Act, 2005 (Act, 2005)[ . Term of office and conditions of service.-(1) The State Chief Information Commissioner shall hold office 1[for such term as may be prescribed by the Central Government] and shall not be eligible for reappointment:
Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.] to the Public Information Officer, Office of the Tahasildar, Bhadrak.
Particulars of the information was sought in terms of Rule 4(1) thereof in Form-A. The specific details of information sought for in Paragraph-5(c) of the said Form, which is germane for just adjudication is extracted hereunder:
“xxx xxx xxx
5. Particulars of information soli


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