The court emphasized the necessity for due process in determining land settlement requests, particularly when a private school has operated on disputed land for decades, balancing community education needs against government land rights.

JUDGMENT :

Sanjeeb K Panigrahi, J.

1. In this Writ Petition, the petitioner seeks a direction from this Court to quash the encroachment proceeding in LEC No.300/2007, restrain forcible eviction or demolition of the school, and direct consideration and settlement of the land in its favour in accordance with law.

I. FACTUAL MATRIX OF THE CASE

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

(i) The petitioner is a private school established at Village Golanthara, Tahasil Konisi, District Ganjam, which has been functioning since 1992 and presently caters to more than 800 students from Class I to X.

(ii) The school was granted provisional recognition initially for Classes I–III in 1992 by the District Inspector of Schools, Berhampur, and subsequently recognition was extended up to Class VII in 2003 by the Director of Elementary Education, Odisha, and further permissions were granted from time to time.

(iii) The school is presently permitted up to Class IX by the Director of Secondary Education, Odisha, and students are appearing in Board examinations through another recognised school.

(iv) At the time of establishment, the school did not have settled land and was functioning over land described by the petitioner as Khata No.788, Plot No.973/1898, measuring Ac.1.00 dec in Mouza Golanthara.

(v) An Alienation Case bearing No.9/1992 was registered before the Tahasildar for settlement of land in favour of the School, and a recommendation was allegedly made for settlement subject to change of classification of the land.

(vi) During the pendency of the alleged alienation proceedings, an encroachment proceeding bearing LEC No.300/2007 was initiated by the Tahasildar, Konisi, and notice dated 18.06.2007 was issued to the petitioner.

(vii) The petitioner submitted show cause, and by order dated 07.03.2009, the Tahasildar recorded that records of the alienation case had not been received from the Sub-Collector and deferred further action.

(viii) The petitioner claims that no further steps were taken in the encroachment proceeding and the school continued to function uninterruptedly.

(ix) The opposite parties contend that the petitioner is occupying Government land of Kisam Gochar and also encroaching land belonging to a Government High School, and that neither the alienation case nor the encroachment case is traceable in official records.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

3. Learned counsel for the Petitioner Ms. Deepali Mahapatra earnestly made the following submissions in support of his contentions:

(i) The petitioner contends that Alienation Case No.9/1992 was duly initiated and recommended by the Tahasildar for settlement of land in favour of the School, subject to change of classification.

(ii) It is asserted that during pendency of the alienation proceedings before the Sub-Collector, initiation and continuation of encroachment proceedings is illegal and arbitrary.

(iii) The petitioner submits that the school has been functioning for more than three decades with continuous governmental recognition and knowledge of authorities regarding the location of the School.

(iv) It is contended that the school is complying with statutory obligations under the Right to Children to Free and Compulsory Education Act, 2009 by providing free education to 10% students.

(v) The petitioner apprehends imminent eviction and demolition of the school building at the behest of local political interference, which would severely prejudice the education o