Location: ORISSA HIGH COURT, CUTTACK

Date: 20-Nov-2025 13:50:39

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.10769 of 2025

along with

W.P.(C) Nos.21352, 21545, 27669, 28037, 28259 and 28261 of 2024

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

Constitution of India, 1950). In W.P.(C) No.10769 of 2025

Subhadra Sahoo and Ors. …. Petitioner(s)

-versus-

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

Advocates appeared in the case through Hybrid Mode:

For Petitioner(s) : Mr. S.D. Das, Sr. Adv.

Along with

Mr. Madan Mohan Swain, Adv.

Mr. Haripad Mohanty, Adv.

For Opposite Party (s) : Ms. Gayatri Patra, ASC

Mr. Rakesh Behera, Adv.

(for O.P.6) CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

DATE OF HEARING:-29.10.2025

DATE OF JUDGMENT:-14.11.2025

Dr. Sanjeeb K Panigrahi, J.

1. Since common questions of fact and law are involved in the above-

mentioned Writ Petitions, those were heard together and are being disposed of by this common judgment. However, this Court deems it

Location: ORISSA HIGH COURT, CUTTACK

Date: 20-Nov-2025 13:50:39 appropriate to treat W.P.(C) No.10769 of 2025 as the lead case for the purpose of adjudication of all these cases.

2. In W.P.(C) No.10769 of 2025, the Petitioners seek a direction from this Court to quash the dated 18.03.2025 passed by the Collector, Dhenkanal in Misc. Case No.1 of 2025 and the consequent eviction notices dated 20.03.2025 issued under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972, and to protect their lawful possession of the shop rooms until expiry of their valid lease agreements.

I. FACTUAL MATRIX OF THE CASE

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

(i) The dispute concerns shop rooms situated on the right side of Kamakhyanagar, Talcher NH-53 under Badajhara village within Badajhara Gram Panchayat, which the petitioners occupy for livelihood pursuant to an earlier Panchayat allotment described as a 17-year arrangement with security deposits in the range of ₹10,000 to ₹20,000 and regular rent payments.

(ii) The petitioners rely on Gram Panchayat resolutions and subsequent communications to assert that their occupation was ratified and that upset price fixation for GP properties for 2022–23 was processed through the BDO, Parjang, and approved by the Sub-Collector under letters dated 13.12.2021, 05.01.2022 and 06.01.2022; after a change of

Location: ORISSA HIGH COURT, CUTTACK

Date: 20-Nov-2025 13:50:39 Sarpanch, rent acceptance allegedly stopped at the office counter and the petitioners deposited rent in the GP bank account.

(iii) On 01.07.2024 the Gram Panchayat issued show-cause notices calling upon the petitioners to furnish documents in support of their occupation; the petitioners submitted replies with copies of agreements, deposits and resolutions; on 22.07.2024 the GP recorded a resolution that the petitioners lacked valid authorization and resolved to evict them, followed by individual eviction notices dated 06.08.2024.

(iv) The petitioners filed W.P.(C) Nos. 21545, 28261, 27669, 21352 and 28259 of 2024 challenging the GP actions and received interim orders restraining coercive eviction; during pendency, the Sarpanch filed W.P.(C) No. 31778 of 2024 which was disposed of on 30.01.2025 granting liberty to approach the Collector for consideration after hearing affected parties.

(v) Acting on the disposal order, the Collector, Dhenkanal, registered Misc. Case No. 01/2025, issued notices on 13.03.2025 to the petitioners for hearing, and on 18.03.2025 directed initiation of eviction proceedings under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972; on 20.03.2025 the Tahasildar issued eviction notices under Section 4(1) of that Act; the petitioners remain in possession under subsisting interim protection in their earlier writ petitions.

(vi) The record placed by the petitioners includes earlier GP resolutions dated 02.10.2020 and 10.11.2020 relating to leasing of the market

Location: ORISSA HIGH COURT, CUTTACK

Date: 20-Nov-2025 13:50:39 complex shops, incl