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2026 Supreme(Ori) 509

IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Tarun Kumar Mohanta – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.S. Panda, Advocate
For the Respondent: Mr. D. Nayak, A.G.A.

JUDGMENT :

B.P. Routray, J.

1. Heard Mr. S.S. Panda, learned Advocate for the Petitioner and Mr. D. Nayak, learned Additional Government Advocate for State-Opposite Party.

2. The Petitioner challenges the impugned notice dated 03.01.2026 issued by the Tahasildar, Rairangpur under Annexure-6 directing for eviction of unauthorized encroachment of the Petitioner while rejecting his contention questioning the authority of the Tahasildar to proceed under the Odisha Prevention of Land Encroachment Act, 1972 (hereinafter referred as “OPLE Act”).

3. The entire contention of the Petitioner is that that Tahasildar, Rairangpur (Opposite Party No.2) has no jurisdiction to proceed under the OPLE Act within Rairangpur Municipality area as the provisions of the OPLE Act is not applicable to such lands.

4. A Division Bench of our Court in Jasobant Parida vs. State of Odisha and others , 2024 (I) OLR278, while dealing with an order of eviction issued under the provisions of OPLE Act has answered a similar issue that, any premises situated within the jurisdiction of a Municipality or within an area declared by the State Government to be an industrial estate, it can be construed to be a public premises a

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