Subash Chandra Sahoo Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Subash Chandra Sahoo Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party No.2 (Collector, Dhenkanal) to dispose of the representation dated 20.02.2025 (Annexure-3), so far as it relates to the specified plots of the petitioner and his co-sharers, in accordance with law, within four months from production of the certified copy of the order; the Court expressly refrained from expressing any opinion on the petitioner's claim.

Issue for consideration

Whether the opposite parties' construction of the proposed road encroaches upon the petitioner's private plots recorded in his name and in the names of his co-sharers (Mouza Pingua, Tahasil Gondia/Goindia, District Dhenkanal). +1 more

Ratio / Principle

Without expressing any opinion on the merits of the petitioner's claim, the Court disposed of the writ petition with a direction to opposite party No.2 (Collector, Dhenkanal) to dispose of the representation dated 20.02.2025 filed under Annexure-3.

Key takeaways

The direction covers the representation only so far as it relates to Plot Nos. 2027/3887, 2035/3888, 2036/3889 and 2037/3890 under Khata No.448/490 recorded in the petitioner's name.ratio¶24
The direction also extends to Plot Nos. 1543, 1952, 1955 and 1956 under Khata No.65 of Mouza Pingua, Tahasil Goindia, recorded in the name of the petitioner along with his co-sharers.ratio¶24
The Collector was directed to dispose of the representation in accordance with law within a period of four months from the date of production of the certified copy of the order.

Detailed headnote1 paragraphs

W.P.(C) No.6801 of 2025 (High Court of Orissa at Cuttack, decided 17.03.2025; Coram: S.K. Sahoo and Savitri Ratho, JJ.). Petitioner Subash Chandra Sahoo (counsel: Susanta Kumar Baral) alleged that the opposite parties — including the State of Odisha, the Collector Dhenkanal, the Superintendent/Executive Engineer, Rural Works Division, the Tahasildar Gondia and the Chairman, OSDMA (counsel: Aurobinda Mohanty, ASC) — were constructing a proposed road by encroaching on his private plots (Plot Nos. 2027/3887, 2035/3888, 2036/3889, 2037/3890 under Khata No.448/490, and Plot Nos. 1543, 1952, 1955, 1956 under Khata No.65, Mouza Pingua, Tahasil Gondia/Goindia, Dhenkanal), and sought disposal of his joint representation dated 20.02.2025 (Annexure-3). Without expressing any opinion on the claim, the Division Bench disposed of the petition directing the Collector, Dhenkanal to decide the representation, confined to the said plots, in accordance with law within four months of production of the certified copy of the order. No statute or precedent was cited; no impugned order was identified.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.6801 of 2025

Subash Chandra Sahoo

… Petitioner

Mr.Susanta Kumar Baral, Advocate

-versus-

__

1.State of Odisha 2.The Collector, Dhenkanal 3.The Superintendent Engineer/Executive Engineer, Rural Works Division, Dhenkanal 4.The Tahasildar, Gondia 5.The Chairman, Odisha State Disaster Management Authority, Bhbaneswar

… Opposite Parties Mr.Aurobinda Mohanty, ASC

CORAM:

THE HON’BLE MR.JUSTICE S.K.SAHOO THE HON’BLE MS. JUSTICE SAVITRI RATHO

ORDER

Order No.

17.03.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This writ petition has been filed by the petitioner – Subash Chandra Sahoo, iner alia, with a prayer for a direction to the opposite party No.2Collector, Dhenkanal to dispose of the representation dated 20.02.2025 under Annexure-3 filed by him.

Learned counsel for the petitioner referring to the averments in paragraph 3 (e) of the writ petition submits that the opposite parties are constructing the proposed road by encroaching over the private plot of the

petitioner, i.e. Plot No. 2027/3887, 2035/3888, 2036/3889, 2037/3890 under

Khata No.448/490 and the land recorded in his name and his co-sharers, i.e.,

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Plot No.1543, 1952, 1955 and 1956 under Khata No.65 of Mouza:Pingua, Tahasil:Goindia in the district of Dhenkanal. The copy of the record of rights have been annexed as Annexure-1 series.

A perusal of the representation dated 20.02.2025 (Annexure-3) reveals

that apart from the petitioner, there are many other signatories to the representation.

Considering the submissions made of the learned counsel for the petitioner, but without expressing any opinion on the claim of the petitioner, we dispose of the writ petition directing the opposite party No.2- Collector, Dhenkanal to dispose of the representation under Annexure-3 dated 20.02.2025 so far as it relates to Plot No.2027/3887, 2035/3888, 2036/3889, 2037/3890 under Khata No.448/490 recorded in the name of the petitioner and Plot No.1543, 1952, 1955 and 1956 under Khata No.65 of Mouza:Pingua, Tahasil:Goindia recorded in the name of the petitioner alongwith his co-sharers, in accordance with law, within a period of four months from the date of production of the certified copy of this order.

(S.K.Sahoo)

Judge (Savitri Ratho) Judge

Signature Not Verified Bichi

Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 17-Mar-2025 18:15:38

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