Radha Sharma Vs State of Odisha

Short grievance of the petitioner, regardless of the textual prayer in the petition, is against non-consideration of the representation dated 18.07.2025, a copy whereof avails at Annexure-1. For ease of understanding of the grievance, the entire representation is reproduced below:

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“Subject-Petition u/s 7 of the Odisha Preventition of Land Encroachment Act 1972 for removal of encroachment from Government Godharsha (Grazing land); by adjunction owner of Plot no-7049, 7047 and 7045 (Plot no-7049 and 7047 ROR recorded K. Tamanna and Plot no-7045 ROR stands in the name of o.p. no-2, mentioned name above)

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Most Respectfully Sheweth

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1- That the petitioner is a permanent resident of the above mentioned village and is an affected person being deprived of rightful community use

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of the Godharsha Land due to illegal encroachment.

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2- That in village -Bargarh under Khata no-2534 plot no-7048 Kisam Godharsa (grazing Land) Area - 0.0400 dec the land is recorded in the Government khata reserved for grazing and other public purposes for the benefit of villagers, but illegally above mentioned opposite parties whose plots no-7049 khata no-2414/18543,plot no- 7047 khata no-2414/12443, and plot -7045 khata no- 2414/4217 encroached over it, which causes traffic jam cattle unable to grazing, by throwing garbage causes unhygienic and causes health issues by which public suffers a lot.

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3- That the said land is part of the village common property and is recorded as Government land in the ROR. That due to gunda gardi in these area no one can raise their voice against them for eviction.

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4- That the above opposite parties above named have unlawfully trespassed upon the front portion of the said Godharsha Land , adjusted the same into their adjoining private land and have made attempts to raise unauthorized construction, which is strictly prohibited.

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5- That this encroachment has deprived the villagers of their grazing land and is contrary to the provision of O.P.L.E. Act 1972 and the village common interest.

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6- That the opposite party no-1 has also filed civil suit no./pending before the civil Judge senior Division, Bargarh for declaration of title and permanent injunction over his private land, and an interim injunction has been passed restraining his tenants from any construction actively thereon. However the encroachment over the Godharsha land purely Government land separate from private dispute.

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7- The petitioner therefore prays for necessary field enquiry, demarcation, issuance of notice to the encroachers, removal of the encroachment as per law and restoration of the land for the benefit of the village community.

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PRYER

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It is therefore humbly prayed that your Honour may kindly-

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1Order a field enquiry and measurement/ demarcation of the Godharsha land by Rl/Amin.

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2- Issue notice to encroacher under O.P.LE. Act.

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3- Pass order for removal of encroachment and restoration of the land to its original status.

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4- Impose penalty as per law.

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5- Pass any other order as deem fit and proper.

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And for the act of kindness the petitioner is as duty bound shall ever pray.”

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Learned counsel for the petitioner submits that if a direction is issued to OP No.2 to consider the subject representation, his client would be satisfied. Learned AGA agrees with this submission in his usual fairness, provided that all contentions are kept open.

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In the above circumstances, Writ Petition is disposed off fixing a period of eight (8) weeks for consideration of the subject representation and to inform the petitioner result of such consideration in writing. All contentions are kept open.

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Web copy of the order to be acted upon by all concerned.

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( Dixit Krishna Shripad ) Judge

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Anisha Signature Not Verified

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Digitally Signed Signed by: ANISHA NANDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Oct-2025 16:20:44

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Radha Sharma v. State of Odisha

Case brief

What is this about?

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Radha Sharma v. State of Odisha

Case brief

What is this about?

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