W.P.(C) No.22924 of 2020 Page 1 of 10

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.22924 of 2020

Srinath Mishra

….

Petitioner

Petitioner in person

-Versus-

State of Odisha and others

….

Opposite Parties

Mr. Ishwar Mohanty, ASC

CORAM:

THE CHIEF JUSTICE

JUSTICE R.K. PATTANAIK

DATE OF JUDGMENT : 29.07.2022

R.K. Pattanaik, J

1. Instant writ petition is at the behest of the Petitioner under

Articles 226 and 227 of the Constitution of India, 1950 for

issuance of a writ of mandamus or directions of like nature to the

Opposite Parties to summarily evict the encroacher from the case

land; to direct O.P.Nos.3&4 to enquire into the allegation

regarding forcible occupation of gochar, anabadi and endowment

land by O.P.No.5 with reference to the provisions of the Orissa

Government Land Settlement Act, 1983 (hereinafter referred to

as ‘the OGLS Act’); to stop construction work over the land in

question; and also to pass appropriate orders deemed just and

proper in the facts and circumstances of the case.

2. The Petitioner approached this Court challenging the action of

O.P. Nos. 1 to 4 in allowing O.P.No.5 for raising a construction

of a grinding unit over an area of 100 acres of land for production

W.P.(C) No.22924 of 2020 Page 2 of 10

of cement from a unit at Haridaspur, P.S./Tahasil-Dharmasala.

According to the Petitioner, the above factory is proposed over

the agricultural land with human habitation having number of

villages around which is likely to affect a population of 30,000

on account of pollution and other hazards. As per the claim of the

Petitioner, O.P.No.5 is said to have encroached huge area of

gochar land and has surrounded it by a boundary wall without

any sanction and approval of the revenue authorities and that

apart, lands which are recorded with Lord Jagannath and in the

name of Bhagabat Gosain over plot Nos.917, 925 & 942 under

Khata No.168/19 situated in Nanapur mouza have also been

illegally possessed in contravention of the endowment law. The

Petitioner alleged that the local administration clandestinely

changed the kisam of gochar of land in order to facilitate its

transfer in favour of O.P.No.5 through the Industrial

Infrastructure Development Corporation, Orissa (IDCO) and the

above action is contrary to law as the Supreme Court of India

deprecated the utilization of gochar land and even regularizing

the possession of unauthorized occupants. It has been further

claimed by the Petitioner that a representation was submitted to

O.P.No.4 with a copy to O.P.No.3 for eviction of O.P.No.5 for its

unauthorized possession of the schedule land but no action was

taken thereon and not only that, the Board of Revenue was also

approached for a direction to O.P.No.3 to cancel the

dereservation orders. With the above contention, the Petitioner

pleaded that not only the gochar land was diverted for

commercial purpose but also the endowment lands of the deities

were handed over to O.P.No.5 for construction of the cement

factory in gross violation of the provisions of law which,

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therefore, requires an enquiry followed by eviction of the illegal

occupier and thereby restoring the land to the Government.

3. Heard Mr. S. Mishra in person, Mr. Ishwar Mohanty, learned

ASC for O.P.Nos.1 to 4 and Mr. B.P. Mohanty, learned counsel

for O.P.No.5.

4. O.P.No.5 filed a counter affidavit denying all the allegations

of the Petitioner and pleaded that there is no cause of action to

bring the litigation and material facts have also been suppressed

and therefore, the matter deserves to be dismissed in