Disposed¶25

Laxmikanta Behera v. State of Odisha

Orissa HC25 Nov 2025WP(C)/3120/2025

Case brief

AI extract

What is this about?

Choudwar Municipality; Executive Officer; encroachment notice 27.01.2025 Annexure-4; joint demarcation exercise; Government land; coercive action; interim protection; Laxmikanta Behera; State of Odisha; W.P.(C) No. 3120 of 2025; High Court of Orissa; Dr. Sanjeeb K Panigrahi; disposed 25.11.2025.

What did the court decide?

Writ Petition disposed of with a direction to the Executive Officer, Choudwar Municipality to conduct a joint demarcation exercise in the presence of the Petitioners; interim direction that no coercive action be taken against the Petitioners until the demarcation exercise concludes. ¶25

Laxmikanta 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 Petitioners have encroached upon Government land so as to justify the impugned notice dated 27.01.2025 and consequent coercive action by Choudwar Municipality.

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Court's answer

The Court directed the Executive Officer, Choudwar Municipality to conduct a joint demarcation exercise in the presence of the Petitioners, who shall be present at the time of demarcation.

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Ratio / Principle

If, upon demarcation, the Petitioners are found to have encroached Government land, the concerned authority is free to take coercive measures to reclaim the encroached land.

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Key takeaways

If, upon demarcation, the Petitioners are found not to have encroached any land at all, the concerned authority shall allow them to reside over the land peacefully without further disturbance.ratio¶23
The Petitioners undertook that they shall not create any law and order problem at the demarcation spot.ratio¶23
As an interim measure, no coercive action shall be taken against the Petitioners until conclusion of the demarcation exercise.

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No. 3120 of 2025) filed by Laxmikanta Behera & Ors. challenging a notice dated 27.01.2025 (Annexure-4) issued by the Executive Officer, Choudwar Municipality (O.P. No. 3). Petitioners claimed residence on their own land with no encroachment; the Municipality contended there was some encroachment verifiable only by joint verification and demarcation. The High Court (Dr. Sanjeeb K Panigrahi, J.) directed the Executive Officer, Choudwar Municipality to conduct a joint demarcation exercise in the presence of the Petitioners in accordance with law. If encroachment on Government land is found, the authority is free to take coercive measures to reclaim the land; if no encroachment is found, the Petitioners are to be allowed to reside on the land peacefully without disturbance. Until the demarcation concludes, no coercive action was to be taken against the Petitioners, who undertook not to create any law and order problem at the demarcation spot. Writ Petition disposed of on 25.11.2025.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 3120 of 2025

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Laxmikanta Behera & Ors.

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..…... Petitioner(s) Mr. Alok Kumar Panda, Adv.

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-Versus-

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State of Odisha & Ors. ……. Opposite Party(s)

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Ms. Sarita Moharana, ASC Mr. Manoranjan Mishra, Adv. (for O.P.3)

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CORAM:

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DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

25.11.2025

Order No.

This matter is taken up through hybrid arrangement.

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Heard learned counsel for the parties.

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The Petitioners have filed this Writ Petition challenging the impugned notice dated 27.01.2025/Annexure-4 issued by the Opposite Party No.3/Executive Officer, Choudwar Municipality.

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Learned counsel for the Petitioners submits that when the Petitioners are residing in his own land and there is absolutely no encroachment over the land in question.

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Signature Not Verified

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On the other hand, learned counsel for the Choudwar Municipality submits that there is some encroachment by the Petitioners which can only be verified by conducting a joint

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Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 27-Nov-2025 16:54:27

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verification and demarcation in presence of the Petitioners and the Revenue Officers.

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Considering the facts and submissions made and in view of the proposal given by the learned counsel for the State, this Court directs the Executive Officer, Choudwar Municipality to conduct a joint demarcation exercise in presence of the Petitioners in accordance with law. The Petitioners shall be present at the time of demarcation. If it is found that the Petitioners have encroached any Government land, the concerned authority is free to take coercive measure to reclaim the encroached land. On the other hand, after demarcation, if it is found that the Petitioners have not encroached any land at all, the concerned authority shall allow them to reside over the land in question peacefully without any further disturbance. The Petitioners also undertake that they shall not create any law and order problem at the demarcation spot.

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As an interim measure, it is directed that till conclusion of the demarcation exercise, no coercive action shall be taken against the present Petitioners.

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Accordingly, the Writ Petition is disposed of.

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( Dr. Sanjeeb K Panigrahi) Judge

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Murmu

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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 27-Nov-2025 16:54:27

Laxmikanta Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Laxmikanta Behera 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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