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2026 Supreme(Online)(Ori) 1669

ORISSA HIGH COURT
AJIT KUMAR JENA – Appellant
Versus
STATE OF ODISHA – Respondent
WP(C) 152 / 2026



IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.152 of 2026 Ajit Kumar Jena and others …. Petitioners Represented by Adv.–

Mr. P.K. Mishra, Advocate -Versus-

State of Odisha and others …. Opposite Parties Represented by Adv.–

Mr. Sanjay Rath, A.G.A. for the State CORAM:

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

ORDER

Order No. 20.01.2026

01. 1. The present writ petition in the nature of Public Interest Litigation (PIL) is at the behest of the petitioners claiming themselves to be the public spirited persons alleging that opposite party No.6 has illegally and wrongfully encroached upon the Government land and no steps have been taken against him. It is highlighted in the instant writ petition that there has been a rampant encroachment over the Governmnent land and, therefore, the

2. We have noticed in course of our judicial dispensation that the PIL of such nature is frequently filed flagging an issue of an encroachment over the Government land. The Government has taken a conscious decision showing no tolerance to any encroachment over the Government land and all possible steps shall be taken as permissible in law.

3. Reverting to the instant case, it is a specific stand of the learned Additional Government Advocate for the State-opposite parties that after receiving the complaint, immediately steps were taken and found the allegation to be substantially correct. Immediately, a proceeding is initiated against opposite party No.6 which culminated into an order for removal from the Government land, but said opposite party No.6 has filed an appeal before the appellate forum. The said matter is pending before the appellate forum.

4. Since the Government has already taken steps for removal of the encroachers from the Government land, we do not find that the the legal process has already been activated, we expect that the same would be brought to its logical end at an earliest.

5. In view of the observations made hereinabove, the writ petition is disposed of.

(Harish Tandon)

Chief Justice (M.S . Raman)

Judge S.K. Guin/PA Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Jan-2026 20:22:56

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