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ORISSA HIGH COURT
MAHESWATA PARIDA – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
SANJEEB K. PANIGRAHI, J.
1. In this Writ Petition, the petitioner seeks a direction from this Hon’ble Court to quash the impugned orders dated 25.04.2025 and allied eviction notices, and to restrain the authorities from dispossessing or demolishing her dwelling, except in accordance with law, after due adjudication and rehabilitation.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) The petitioner is residing with her three minor children on a portion of land measuring Ac.0.02 decimals out of Ac.0.13 decimals in Mouza Palasahi, Khata No.509, Plot No.871, District Khurda, and claims to have been in possession of the said portion for several years.
(ii) Proceedings under the Odisha Prevention of Land Encroachment Act, 1972 were initiated in respect of the said land by the Tahasildar, Balipatna, and an encroachment case bearing No.23/2021–22 was registered.
(iii) An eviction notice was issued to the petitioner directing her to vacate the land within a stipulated time, failing which eviction and demolition were proposed.
(iv) The petitioner challenged the eviction proceedings before this Hon’ble Court in W.P.(C) No.28670/2024, which was disposed of on
The Odisha Prevention of Land Encroachment Act allows lawful eviction of unauthorized occupants, without conferring title, emphasizing adherence to procedural fairness and the validity of eviction or....
Writ courts will not intervene in eviction disputes lacking legal entitlement; mere assertions of property rights without proof do not justify relief against eviction threats.
Only the designated authority under the Orissa Prevention of Land Encroachment Act can initiate eviction proceedings, and unauthorized occupants cannot claim legal rights to public land.
Eviction orders concerning disputed land must defer to ongoing civil proceedings, establishing land ownership is a matter for the civil court, not administrative authorities.
Adverse possession claims over government land require substantial evidence; mere long-standing possession does not confer title, particularly where public interest is involved.
Civil courts have jurisdiction to adjudicate title disputes over land; revenue authorities cannot evict occupants under disputed ownership.
Encroachment on government land is a criminal trespass that necessitates prompt state action, emphasizing public trust in land management and the prioritization of communal rights over private claims....
Unauthorized occupation of government land cannot create rights, and mere communal use does not justify settlement under the OPLE Act, especially when the land is earmarked for public developmental p....
Long-term possession does not confer ownership rights on encroached temple land as eviction under statutory provisions is valid.
Continuous possession for over thirty years under Section 8A of the Orissa Prevention of Land Encroachment Act establishes entitlement, overriding procedural missteps by revenue authorities.
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