Disposed¶30

Gourahari Nayak v. State of Odisha

Orissa HC10 Mar 2025WP(C)/5226/2025

Case brief

AI extract

What is this about?

Odisha writ petition on eviction of encroachers from Government/Gauchar land (Khata Nos. 97-100, village Dwarika, Bahanaga Tahasil, Balasore district); representation to Collector & DM Balasore pending; State reported encroachment proceeding initiated by Tahasildar with show cause notice issued; Court found no subsisting cause of action and disposed of the petition without relief. Judge: Dr. S.K. Panigrahi; decided 10.03.2025.

What did the court decide?

Since the grievance of the Petitioner had already been taken into consideration - encroachment proceedings having been initiated by the Tahasildar against the encroachers - the cause of action in the present Writ Petition does not exist. ¶29

Gourahari Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No. 5226 of 2025

¶3

Gourahari Nayak

¶4

..…... Petitioner(s) Mr. Anjan Kumar Biswal, Adv.

¶5

-Versus-

¶6

State of Odisha & Ors.

¶7

………. Opposite Parties

¶8

Mr. Debasish Nayak, AGA

¶9

CORAM:

¶10

DR. JUSTICE S.K. PANIGRAHI

ORDER

10.03.2025

Order No.

This matter is taken up through hybrid arrangement.

¶16

Heard.

¶17

The present Writ Petition has been filed by the Petitioner with the following prayer:

¶18

“It is, therefore, prayed that, this Hon'ble Court may graciously be pleased to admit this writ application, issue Rule NISI calling upon the Opposite Parties to show cause as to why the encroachers shall not be evicted from/over Khata No.97, 98, 99, 100 of village Dwarika under Bahanaga Tahasil after following due procedure and the inaction of the Opp. Parties in not evicting the encroachers be declared as illegal and arbitrary;

¶19

And as to why the opp.party no.3 shall not be directed to finalize the eviction cases against the encroachers and also against opp. party no. 4 to 9 within a stipulated period and make free the Govt. land which are necessary for construction of developmental work Signature Not Verified Digitally Signed of the village dwarika;

¶20

Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 11-Mar-2025 18:35:17

¶21

If the Opp. Parties failed to show cause or show ins ufficient/irrelevant cause than make the said rule absolute;

¶22

¶23

And pass such other order/orders, direction/s by this Hon'ble Court as deem fit and proper.”

¶24

Learned counsel for the Petitioner submits that there are Government lands bearing Khata Nos.97,98,99 and 100. The plots under the said Khatas are village road, canal and ponds and Gochar lands are also situated there. He further submits that out of the said Khatas, some of the plots are encroached by the encroachers for which the construction of roads and other development work of the village are hampered. In this regard, the Petitioner has approached the Collector and District Magistrate, Balsore by way of a representation sending copies of the same to the Tahasildar and Sub-Collector respectively to take step to evict the encroachers from the Government land in question. However, the said representaton is still pending for consideration. Hence, the Petitioner is constrained to approach this Court.

¶25

Learned counsel for the State submits that the Tahasildar, Bahanaga has already initiated an encroachment proceeding against the encroachers. He further submits that the show cause notice has also been issued against the encroachers.

¶26

In such view of the matter and considering the submission Signature Not Verified Digitally Signed made by the learned counsel for the parties, this Court is of the Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC vie w that since the grievance of the Petitioner has already been

¶27

Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 11-Mar-2025 18:35:17

¶28

¶29

taken into consideration to the effect that the Tahasildar, Bhadrak has initiated the encroachment proceedings against the encroachers, the cause of action in the present Writ Petition does not exist.

¶30