Continuous possession of government land does not confer ownership rights without legal entitlement; legal title is essential for adverse possession claims.

JUDGMENT :

S.K.PANIGRAHI, J.

1. In W.P.(C) No.9238 of 2025, the Petitioner seeks to quash the order dated 06.03.2025 passed by the Collector, Dhenkanal, directing the eviction of the Petitioner from Plot No. 2722, corresponding to Khata No.1245 of village Talabarkote, Mouza Talabarkote, under Tahasil Dhenkanal Sadar, District Dhenkanal.

2. In W.P.(C) No.9321 of 2025, the Petitioner also challenges the notice issued by the Tahasildar, Dhenkanal, vide Office Order No. 2338 dated 26.03.2025, as well as the order dated 06.03.2025 passed by the Additional District Magistrate, Dhenkanal, in Encroachment Revision Case No. 11 of 2025.

3. Since both the cases are interlinked in terms of the subject matter and prayer, the same were heard together and are being disposed of by this common judgment.

I. FACTUAL MATRIX OF THE CASE

4. The brief facts of the case are as follows:

(i) The Petitioner-organization is a registered trust situated at Talabarkote, Dhenkanal. It was established in the year 1990 with the objective of promoting education, spiritual development, and social welfare activities.

(ii) The organization was formally registered as a trust in the year 2023. In the same year, it applied for settlement of land bearing Plot No. 2722, under Khata No. 1245, located in village Talabarkote, Mouza Talabarkote, under Tahasil Dhenkanal Sadar, invoking the provisions of Rule 5(2) of the Odisha Government Land Settlement Rules, 1983.

(iii) During the pendency of the Petitioner’s application for land settlement, the Encroachment Case No. 59 of 2024 was initiated by the Sub- Collector, Dhenkanal in respect of Plot No. 2722, corresponding to Khata No. 1245, situated in village Talabarkote, Mouza Talabarkote, under Tahasil Dhenkanal Sadar.

(iv) Challenging the said notice, the Petitioner approached this Court by filing W.P.(C) No. 1103 of 2025, which was disposed of on 15.01.2025 with a direction to the Petitioner to approach the appropriate appellate authority.

(v) In due compliance with the order of this Court, the Petitioner approached the appellate authority by filing Encroachment Appeal Case No. 01 of 2025, which was disposed of on 19.02.2025. The appeal was rejected on the ground that the Petitioner had failed to furnish any valid justification for the unauthorized occupation of government land.

(vi) The Petitioner has been pursuing an application for settlement of Plot No. 2722, corresponding to Khata No. 1245, situated in village Talabarkote, Mouza Talabarkote, under Tahasil Dhenkanal Sadar, since 13.10.2023, under Rule 5(2) of the Odisha Government Land Settlement Rules, 1983.

(vii) While the Petitioner’s application under Rule 5(2) of the Odisha Government Land Settlement Rules, 1983 was pending consideration, the Sub-Collector, Dhenkanal, initiated an encroachment proceeding against the Petitioner, which culminated in the passing of the impugned eviction order dated 25.02.2025.

(viii) Aggrieved by this, the Petitioner approached this Court by filing W.P.(C) No. 6435 of 2025, seeking to quash the notice dated 25.02.2025 issued by the Tahasildar, Dhenkanal. The writ petition was disposed of with a direction to the Petitioner to challenge the revision order before the appropriate forum.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

5. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(i) The Petitioner contended that the Petitioner-organisation, along with other devotees, had been in continuous possession of the land described in Khata No. 1245, Plot No. 2722, measuring Ac. 12.730 dec., classified as Kissam – Bastijogya, for the past 40 years. A Satsang Kendra had been constructed on the said plot, which had