IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.31774 of 2025 (PIL)

Bhagirathi Patra and others …. Petitioners Mr. Biswajit Mohapatra, Advocate -versus-

State of Odisha and others …. Opposite Parties Mr. Debashis Tripathy, AGA CORAM:

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

ORDER

Order No. 27.01.2026

03. 1. The petitioners, claiming to be villagers of Jamara Barimula under the Derabish Block in the district of Kendrapara, filed the present writ petition in the nature of Public Interest Litigation beseeching indulgence of this Court to issue writ of mandamus to the opposite parties taking steps to construct the Cement Concrete Road from School Chhaka to house of Parikhita Mallik of Janara Barimula over a Gochar Lands pertaining to Plot No.700 under Khata No.1099, from Jarana Barimula to Sethi Sahi of Janara Barimula village pertaining to Plot No.695 under Khata No.1099, from Janara Barimul Rural Development Road to Lenka Sahi over a private land pertaining to Khata No.998/192 belonging to private plot of Kusa Lenka and Dusha Lenka, from the house of Nania Rout to Barik Sahi via Ram Satapathy of village Bhitarbamphu over a private plot pertaining to Khata No.163 belonging to Balaram Satapathy.

1.1. It is submitted that since the subject Government lands are “Gochar” kissam and the construction of the road has been undertaken over the said lands without de-reservation, the instant Public Interest Litigation has been filed.

2. As it appears from letter dated 25^th July, 2025 addressed to the Collector, Kendrapara vide Annexure-3, the villagers have placed their grievance, which has not yet been redressed.

3. On earlier occasions, when the matter was listed, learned Additional Government Advocate sought for adjournment to obtain instruction. Today, when the matter was taken up, on instruction, learned Additional Government Advocate appearing for the State submitted that there was Katcha road on said Gochar lands, which are being used for accessing different destinations by the villagers. The aforesaid construction was undertaken to make it Pakka road. Now the competent authority has undertaken de-reservation process.

4. Considering the submissions made by the learned counsel for the parties and after going through the records, it appears that the road has already been constructed to facilitate the villagers to commute from one place to another. Hence, we do not think it prudent to accede to the objection of the petitioners to deprive the people of connectivity.

4.1. Though the Government would make all efforts so that access to such facilities can be availed by the common people, taking into account the larger public interest and the public at large would be benefitted, if any, decision is taken to construct the road for villagers, it would not be a fit case where this Court warrants exercise its extraordinary jurisdiction. It is within the wisdom of the Government to take a decision whether to construct road over Government land keeping in view the necessity to cater to the need of larger mass of people. Constructing roads to facilitate villagers commute to different places at ease is one of the facets of infrastructure development.

4.2. Since the Government having taken a conscious decision to construct the road, and in fact, having constructed the road, it should have followed the law. As submitted by the learned Additional Government Advocate that steps have already been mooted to de-reserve the Gochar land, we do not think it apt to keep the matter pending as it would not subserve any fruitful purpose. This Court hopes that the process would be concluded at the earliest.

5. With the aforesaid observation, the writ petition stands disposed of.

(Harish Tandon)

Chief Justice (M.S. Raman)

Judge MRS/Laxmikant Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA

Designation: Senior Stenographer

Reason: Authentication

Location: High Court of Orissa, Cuttack

Date: 28-Jan-2026 12:18:22