Location: ORISSA HIGH COURT, CUTTACK

Date: 04-Dec-2025 18:50:39

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.21192 of 2025

along with

CONTC No.3214 of 2025

(In the matters of petitions under Articles 226 and 227 of the

Constitution of India, 1950).

(In W.P.(C) No.21192 of 2025)

Bijayketan Sahoo …. Petitioner(s)

-versus-

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

Advocates appeared in the case through Hybrid Mode:

For Petitioner (s) : Mr. Pradipta Ku. Mohanty, Sr. Adv.

Along with associates

-versus-

For Opp. Party(s) : Mr. Rajdeep Pradhan, ASC

Ms. Saswati Morarana, Adv.

(In CONTC No.3214 of 2025)

Mahesh Kumar Sahu …. Petitioner(s)

-versus-

Arjya Kumar Sarbadaman, Tahasildar, …. Opposite Party(s)

Ranpur, Nayagarh

Advocates appeared in the case through Hybrid Mode:

For Petitioner (s) : Ms. Saswati Morarana, Adv

-versus-

For Opp. Party(s) : Mr. Rajdeep Pradhan, ASC

Location: ORISSA HIGH COURT, CUTTACK

Date: 04-Dec-2025 18:50:39 CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI DATES OF HEARING:- 06.11.2025 DATE OF JUDGMENT:- 29.11.2025 Dr. Sanjeeb K Panigrahi, J.

1. Since both the writ petition and the contempt petition arise out of the same factual background and involve the same parties, those were heard together.

2. The petitioner has filed the present Writ Petition challenging the issuance of Form-Ka in Encroachment Case No. 315 of 2024–25, the consequential Form-Kha, and the final notice dated 22.04.2025 issued in the said proceeding.

3. CONTC No. 3214 of 2025 has also been taken up along with the Writ Petition, wherein the petitioner alleges non-compliance with certain prior directions of this Court in related encroachment proceedings.

I. FACTUAL MATRIX OF THE CASE:

4. Succinctly put, the facts of the case are as follows:

(i) The petitioner and his family members reside in Mouza–Chandpur, P.O. Ranpur, District Nayagarh. Their residential house stands over Plot No.1471 under Khata No.450, recorded as homestead in the name of the petitioner’s late father, Narayan Sahoo, and stated to be in their continuous possession for several decades.

Location: ORISSA HIGH COURT, CUTTACK

Date: 04-Dec-2025 18:50:39 (ii) In 2008, certain villagers of Chandpur initiated proceedings under Section 133 Cr.P.C. before the Sub-Divisional Magistrate, Nayagarh, alleging obstruction of a public road adjacent to the petitioner’s homestead. The said proceeding, registered as Crl. Misc. Case No.25 of 2008, culminated in an order dated 07.09.2011 directing removal of the obstruction. A challenge to the said order in CRLREV No.811 of 2011 was dismissed by this Court on 09.04.2013.

(iii)Thereafter, the petitioner’s late father instituted Civil Suit No.20 of

2013 on 16.07.2013 before the court of the learned Additional Civil Judge (Junior Division), Ranpur seeking a decree of permanent injunction in respect of Plot No.1471. The suit was decreed on 13.12.2024, restraining the defendants therein from entering upon the said plot.

(iv)Subsequently, Encroachment Case No.315 of 2024–25 was initiated under the provisions of the Odisha Prevention of Land Encroachment Act, 1972. In the said proceeding, Form-Ka was issued to the petitioner directing him to appear before the Tahasildar. The petitioner submitted his show-cause reply pursuant to the said notice.

(v) Form-Kha was thereafter issued on 27.02.2025 directing him to remove the alleged encroachment within thirty days.

(vi)A final notice dated 22.04.2025 was thereafter issued in continuation of the proceeding.

Location: ORISSA HIGH COURT, CUTTACK

Date: 04-Dec-2025 18:50:39 (vii) The petitioner has filed the present writ petition challenging the aforesaid orders and notices issued in Encroachment Case No.315 of

2024–25.

(viii) In the meantime, certain villagers sought intervention and also filed CONTC No.3214 of 2025 alleging non-compliance with earlier directions issued by this Court in related encroachment matters.

(ix)During the pendency of the present proceedings, this Court, by order dated 20.08.2025, directed a joint verification of the site to be conducted