IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 27618 of 2025 Raghu Paraja and others …. Petitioners Ms. Ankita Mukherji, Advocate -versus-

State of Odisha and others …. Opposite Parties Mr. Debashis Tripathy, Additional Government Advocate CORAM:

HON’BLE THE CHIEF JUSTICE AND HON’BLE MR JUSTICE MURAHARI SRI RAMAN

ORDER

Order No. 10.11.2025

01. 1. Without adverting to the nuances of law relating to the maintainability and entertainability of the instant writ petition in the nature of Public Interest Litigation (PIL), more particularly, in the perspective of settling the personal score, we invited the attention of learned counsel appearing on behalf of the petitioners to address us on the facts emanating from the writ petition.

2. The relief claimed in the instant public interest litigation relates to the change of the nature and character of the "Gochar" land without following the due procedure of law. In pursuit of such relief, the averment which runs into several pages proceeds on the basis that Ac.35.400 dec of "Gochar" land was available to the villagers and the District Administration decided to construct a boundary wall encircling Ac.30.000 dec of grazing area with an intent to fill it up with sand which impedes the availability of the natural food resources of the cattle for which certain lands were recorded in the Record of Right. It further proceeds that the State is celebrating a State level Tribal Festival referred to as "Parab", where the indigenous culture of the people of Koraput is displayed and it provides a platform for the youth tribal people having talent to project the same. It is further averred in the said writ petition that the said festival is organized over the "Gochar" land when there was already an alternative site available in the compound of the DAV School situated within the village perimeter.

2.1. As indicated hereinabove, the relief is restricted to an attempt on the part of the Administration in changing the nature and character of the "Gochar" land, but the averments, if taken into its true spirit, they pertain to allegation of organizing the festival "Parab" at the "Gochar" land instead of using the compound of the DAV School situated within the village.

3. We invited the attention of the State to disclose the stand, more particularly, in relation to the allegations so made in the instant writ petition filed in the nature of PIL. The written instructions from the concerned official received by Mr. Debashis Tripathy, learned Additional Government Advocate (AGA), appearing on behalf of the opposite parties-State is handed over to us containing the steps having taken by the Administration, which would have some impact on the allegations made in this PIL.

3.1. It is categorically averred in the said written instructions that a portion of the "Gochar" land which was recorded in the Record of Right comes within the purview of urban land and, therefore, the de-reservation policy has no manner of applicability in view of Rule 4(2) of the Odisha Government Land Settlement Rules, 1983. It is further disclosed that a proceeding was initiated to change the classification of the land from "Gochar" to "Patita" in respect of Ac.26.25 dec of land and diverted from Khata No.130 of Mouza-

Kumbha-1, vide RMC Case No.63 of 2024.

3.2. Our attention is drawn to Section 3A of the Odisha Government Land Settlement Act, 1962 which provides that the Government may, by notification in the Official Gazette, authorize any officer, not below the rank of a Collector, to de-reserve any land which has been reserved under Clause (a) of Section 3 or any Government land recorded as "Gochar" or any portion thereof. The proviso attached to sub-section (2) of Section 3A of the said Act further empowers the authorized officer in assessing the reasonable requirement for the purpose of "Gochar" and follow the prescribed principles laid down with respect to the extent of "Gochar" land to be set apart for the use by the community.

3.3. The cu