IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.19890 of 2025 Rajesh Biswal …. Petitioner(s)

Mr. Lalit Kumar Maharana, Adv.

Miss R. Jena, Adv.

-versus-

State of Odisha & Ors. …. Opposite Party(s)

Miss Gayatri Patra, ASC Mr. Aditya Chandan Lenka, Adv.

CORAM:

HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order ORDER No. 10.11.2025

05. 1. This matter is taken up through hybrid arrangement.

2. In filing this Writ Petition, the Petitioner alleged to be an encroacher, has sought for a direction from this Court to the Opposite Parties for not evicting him or demolishing his structure standing over the disputed property in question without following due process of law.

Apart from the above, the Petitioner has also sought for a direction from this Court to the Opposite Parties for conducting a demarcation exercise of the disputed property in question prior to initiation of eviction drive, if any.

3. Heard.

Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant

4. Learned counsel for the Petitioner submits that though the Petitioner has not encroached any public property, the Opposite Parties without having any proper demarcation exercise, are attempting to evict the Petitioner from the said property.

5. Considering the above allegation made by the learned counsel for the Petitioner and looking to the prayer made in this Writ Petition, this Court without going into the merits of the case of the Petitioner, directs the concerned Tahasildar as well as the Executive Officer, NAC, Nilgiri/Opposite Party No.3 to conduct a joint demarcation exercise pertaining to the disputed property in question in presence of the Petitioner as per law. The Petitioner is directed to remain present during course of demarcation exercise.

7. It is further directed that upon conclusion of the demarcation exercise, if it is found that the Petitioner has encroached any public property, the concerned authority shall take appropriate steps as per law for acquiring the said public property. It is also made clear that upon conclusion of the demarcation exercise, if it is found that the Petitioner has not encroached any public property, the authority concerned shall allow the Petitioner to reside over the land in question without any further hindrance.

Signature Not Verified The Petitioner is also directed not to create any Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant disturbance during course of joint demarcation exercise.

8. The entire exercise shall be completed within a period of ten working days from the date of presentation of an authenticated copy of this order.

9. It is also directed that till conclusion of the said demarcation exercise, no coercive action shall be taken against the Petitioner pursuant to the impugned notice of eviction, if any, so also the dispute involved in this matter.

10. This Writ Petition is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi)

Judge Ayaskanta Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant