Disposed¶23

Chitta Ranjan Behera v. State of Odisha

Orissa HC2 Dec 2025WP(C)/26170/2025

Case brief

AI extract

What is this about?

Gochar land encroachment; Government land; record of rights (RoR); cattle grazing land; no-tolerance policy; removal of encroachment; Tahasildar Sadar Cuttack; Plot Nos. 825 and 754; village/mouza Nachhipur; Urali Grama Panchayat; District Cuttack; PIL; W.P.(C) No.26170 of 2025; Akash Singh v. State of Odisha; High Court of Orissa; Harish Tandon CJ; M.S. Raman J.

What did the court decide?

Reiteration of the State's no-tolerance policy on encroachment of Government/Gochar land, coupled with a direction that the Government inquire into the alleged encroachment on Plot Nos.825 and 754 of village/mouza Nachhipur (recorded as Gochar land) and, upon finding encroachment, initiate proceedings or take steps for its removal in accordance with law. ¶23

Chitta Ranjan Behera 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 Court should direct strict enforcement of the State's no-tolerance policy against rampant encroachment on Government land and land recorded as Gochar (cattle-grazing) land across the State, given the alleged apathy of the authorities. +1 more

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Court's answer

The Government shall strictly and rigidly implement its no-tolerance policy in respect of encroachment on Government or Gochar land; the moment any such encroachment is brought to or comes to the notice of any authority, immediate steps shall be taken for its removal in accordance with law.

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Ratio / Principle

The writ petition stands disposed of with the expectation that the Government will inquire into the alleged encroachment of Plot Nos.825 and 754 of mouza Nachhipur, recorded as Gochar land, and if any encroachment is found, initiate proceedings or take steps for its removal.

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Detailed headnote1 paragraphs

Public Interest Litigation (W.P.(C) No.26170 of 2025, High Court of Orissa, division bench of Harish Tandon, CJ and M.S. Raman, J., order dated 02.12.2025) concerning encroachment on Government land and land recorded in the record of rights as Gochar (grazing) land. The Court reiterated that the State Government shall strictly and rigidly implement its no-tolerance policy against encroachment on Government or Gochar land, and that upon notice of any such encroachment immediate steps for removal in accordance with law must follow. Referring to its earlier order dated 30.10.2025 in W.P.(C) No.26630 of 2025 (Akash Singh and others v. State of Odisha and others), the Court disposed of the petition directing the Government to inquire into the alleged encroachment on Plot Nos.825 and 754 of village/mouza Nachhipur, Urali Grama Panchayat, District Cuttack, and to initiate removal proceedings if encroachment is found.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26170 of 2025

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Chitta Ranjan Behera and others

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…. Petitioners

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Represented by Adv.– Mr. Khirod Kumar Swain, Advocate

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-Versus-

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State of Odisha and Others

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…. Opposite Parties

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Represented by Adv.– Ms. A. Dash, Addl. Standing Counsel (State)

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CORAM:

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HON’ BLE THE CHIEF JUSTICE AND

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

01.

02.12.2025

1. The instant Public Interest Litigation (PIL) at the behest of

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the petitioners raises a serious concern over the encroachment on the Government land or a land, which is recorded as Gochar land that is for the purpose of grazing the cattle. The record of rights (RoR) maintained by the State earmarked several lands as Gochar for the purpose of tethering of the cattle for their sustainable support and restrictions are also imposed on any encroachment or the constructions to be made except upon following the requisite formalities provided in the relevant statute for conversion. It is flagged in the instant case that across the State the encroachments

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Page 1 of 3

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over the Government land or the land recorded as Gochar is rampant and the apathetic attitude of the Government in not taking the prompt and immediate steps is eminently evident therefrom.

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2. The instant PIL discloses such reluctance shown by the Tahasildar, Sadar Cuttack when Plot Nos.825 and 754 of the village/mouza Nachhipur under Urali Grama Panchayat, District Cuttack are being encroached upon and several quarters have settled thereat despite the said plots having recorded as Gochar land. The Government has come up with the policy of no tolerance in case of any encroachment is found over the Government land or a land recorded as Gochar land and the process of law shall immediately be activated so that the originality of the land is resuscitated and the purpose is restored and/or maintained. In other PIL i.e. W.P.(C) No.26630 of 2025 vide order dated 30.10.2025 (Akash Singh and others Vs. State of Odisha and others) , this Court has recorded the stand of the Government and directed immediate and prompt steps to be taken as permissible in law and the Government has initiated several proceedings for removal of the encroachments and the orders are passed and due implementation was ensured.

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Page 2 of 3

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3. We, therefore, once again reiterate and restate that the Government shall strictly and rigidly implement its no tolerance policy over the encroachment in respect of a Government or a Gochar land and the moment such encroachment is brought to the notice or comes to the notice of any authority, immediate steps would be taken for its removal in accordance with law.

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4. The instant writ petition is, thus, disposed of with the profound hope that the Government will make an inquiry on the encroachment having alleged in respect of the aforementioned plots which, according to the petitioner, is recorded as a Gochar land and

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in the event any encroachment is found, the proceeding shall be initiated or steps shall be taken for its removal.

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(Harish Tandon) Chief Justice

(M.S. Raman)

Judge

S.K. Jena/Secy.

Signature Not Verified

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Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 05-Dec-2025 11:08:02

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Chitta Ranjan Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chitta Ranjan Behera v. State of Odisha

Case brief

What is this about?

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Why is it important?

What the court decided

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