IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 21150 of 2025 Umakanta Swain and others …. Petitioners Mr. Suresh Kumar Panda, 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. 27.01.2026

02. 1. Despite the letter dated 14^th October, 2024 issued to the Collector-cum-District Magistrate, Jajpur, the petitioners perceiving no action having taken thereupon, have filed the instant writ petition in the nature of Public Interest Litigation (PIL). The petitioners raise an issue on indiscriminate encroachment made by several peoples over Kissam “Gochar” and “Jungle” lands situated at Mouza-

Ranapur, P.S.- Korai, Tahasil- Vyasanagar in the district of Jajpur.

2. The petitioners have alleged that such nature of land, which is actually belonging to the Government, has been allowed to be encroached upon by several squatters and no action has yet been taken by the Government leading to an inescapable impression that the Government has given a tacit permission to occupy the same. It is further stated that such land, earmarked for particular purposes, cannot be allowed to be used for any other purposes and it is the solemn duty of the Government to retain the land to be used and utilized for the purposes for which the same has been recorded in the Record of Right (RoR).

3. On the last occasion, the matter was adjourned to enable learned State counsel to take necessary instructions in the matter. Today, Mr. Debashis Tripathy, learned Additional Government Advocate (AGA) appearing on behalf of the opposite parties-State files before this Court a written instruction dated 22^nd January, 2026 received from the Tahasildar, Vyasanagar, Jajpur. It appears from the said written instruction that after the instant writ petition is filed in the nature of PIL, the process has been activated and an inspection was done at the site wherefrom it appears that Fifty One (51) persons have, in fact, encroached upon the Government land. It further revealed that encroachment proceedings have already been initiated against those persons as permissible in law and an assurance has been given to bring such proceedings to its logical conclusion at the earliest.

4. Since the sole grievance of the petitioners pertains to inaction on the part of the authorities in removing the encroachment made on the Government land and once the proceedings have been initiated in accordance with law, we find that such grievance has been redressed with the rider that the concerned authorities shall show alacrity in disposing of the encroachment cases already initiated against the encroachers and bring the same to its logical end without causing any unreasonable delay.

5. It goes without saying that the authorities shall ensure strict adherence of the principles of natural justice before any adverse order is passed against those encroachers.

6. With the above observations, the instant writ petition is disposed of.

(Harish Tandon)

Chief Justice Signature Not Verified (M.S. Raman)

Digitally Signed Signed by: SUMANTA BEHERA Judge Designation: Senior Stenographer

Reason: Authentication

Location: High Court of Orissa, Cuttack

Date: 29-Ja n-2026 12:06:30

S. Behera