Disposed¶21

Dillip Kumar Bhuyan v. State of Odisha

Orissa HC16 Jul 2025WP(C)/10531/2025

Case brief

AI extract

What is this about?

Orissa High Court writ petition (W.P.(C) No.10531 of 2025, Judge Dr. S.K. Panigrahi, order dated 16.07.2025) on removal of unauthorized encroachment of a public road at Kedareswar Phase-II Housing Board Colony, Choudwar by Opposite Party No.6; petitioner Dillip Kumar Bhuyan (OSHB Colony Ph-II); State inquiry found encroacher not landless; Tahasildar, Tangi-Choudwar directed to clear encroachment within one month of presentation of authenticated copy; petition disposed of. Keywords: encroachment, public road, eviction, Choudwar Municipality, Tahasildar, OSHB Colony.

What did the court decide?

Direction to the Tahasildar, Tangi-Choudwar (Opposite Party No.5) to clear the unauthorized encroachment made over the public road by Opposite Party No.6 within one month from the date of presentation of an authenticated copy of the order. ¶21

Dillip Kumar Bhuyan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Executive Officer, Choudwar Municipality (Opposite Party No.4) and the Tahasildar, Tangi-Choudwar (Opposite Party No.5) should be directed to clear the unauthorized encroachment made over the public road at Kedareswar Phase-II Housing Board Colony, Choudwar by Opposite Party No.6.

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Court's answer

It was ascertained that Opposite Party No.6 has encroached upon the public road, which creates a disturbance in the locality.

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Ratio / Principle

This Court directed the Tahasildar, Tangi-Choudwar (Opposite Party No.5) to clear the unauthorized encroachment made over the public road in question by Opposite Party No.6 within a period of one month from the date of presentation of an authenticated copy of the order.

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Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.10531 of 2025, High Court of Orissa at Cuttack, Dr. S.K. Panigrahi, J., decided 16.07.2025): The petitioner, an inhabitant of OSHB Colony Ph-II, Plot No.29(P), P.S. Choudwar, sought a direction to the Executive Officer, Choudwar Municipality (Opposite Party No.4) and the Tahasildar, Tangi-Choudwar (Opposite Party No.5) to clear the unauthorized encroachment made by Opposite Party No.6 over the public road at Kedareswar Phase-II Housing Board Colony, Choudwar. Pursuant to an earlier order, the State counsel reported that an inquiry had established the encroacher is not a landless person and that steps to evict her were underway. Ascertaining that the encroachment created a disturbance in the locality, the Court directed the Tahasildar, Tangi-Choudwar to clear the encroachment within one month from presentation of an authenticated copy of the order, and the writ petition was disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.10531 of 2025

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Dillip Kumar Bhuyan …. Petitioner(s) Mr. Biraja Prasanna Das, Adv.

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-versus-

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…. State of Odisha & Ors. Opposite Party(s) Miss Gayatri Patra, ASC

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CORAM:

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HON’BLE DR. JUSTICE S.K. PANIGRAHI

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Order

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ORDER

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16.07.2025 No.

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1 . This matter is taken up through hybrid arrangement.

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2. In filing this Writ Petition, the Petitioner being the inhabitant of OSHB Colony, Ph-II, Plot No.29(P), P.S.Choudwar, has sought for a direction from this Court to the Executive Officer, Choudwar Municipality/Opposite Party No.4 and the Tahasildar, Tangi-Choudwar/ Opposite Party No.5 for clearing the unauthorized encroachment made over the public road at Kedareswar Phase-II Housing Board Colony, Choudwar by the Opposite Party No.6.

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3. Heard.

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4. Pursuant to the earlier order of this Court, learned Counsel for the State, on instruction, submits that after conducting an inquiry pertaining to the alleged encroachment, it is ascertained that the Opposite Party No.6 is not a landless person. She, on instruction, further contends that steps are

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-Jul-2025 17:24:12

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being taken to evict the Opposite Party No.6 from the public road in question.

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5. Be that as it may, since it is ascertained that the Opposite Party No.6 has encroached the public road which creates a disturbance in the locality, this Court directs the Tahasildar, Tangi-Choudwar/ Opposite Party No.5 to clear the unauthorized encroachment made over the public road in question by the Opposite Party No.6 within a period of one month from the date of presentation of an authenticated copy of this order.

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6. This Writ Petition is, accordingly, disposed of.

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(Dr. S.K. Panigrahi) Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-Jul-2025 17:24:12

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Dillip Kumar Bhuyan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dillip Kumar Bhuyan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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