Disposed¶20

Chandra Sekhar Mohanty v. State of Odisha

Orissa HC22 Sept 2025WP(C)/8529/2023

Case brief

AI extract

What is this about?

Odisha writ petition disposed with directions: Tahasildar Puri encroachment notice (Encroachment Case No.4-44/2023, notice dt. 15.03.2023); form 'Ka' reply to be filed within three weeks; O.E.A. Appeal No.8 of 2002 (Collector, Puri, 15.11.2017) challenged in pending W.P.(C) No.2319 of 2018; title sub judice; detailed order with proper opportunity of hearing within fifteen days; no coercive action till disposal of reply; Judge Dr. Sanjeeb K Panigrahi.

What did the court decide?

Liberty to file a reply to form 'Ka' before the Tahasildar, Puri within three weeks citing the pendency of O.E.A. Appeal No.8 of 2002; Tahasildar to pass a detailed order after giving a proper opportunity of hearing within fifteen days thereafter; no coercive action against the petitioners till disposal of the reply. ¶20

Chandra Sekhar Mohanty Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the notice dated 15.03.2023 issued by the Tahasildar, Puri in Encroachment Case No.4-44/2023 (form 'Ka') may proceed while the petitioners' title is under cloud and sub judice before this Court in the pending W.P.(C) No.2319 of 2018 challenging O.E.A. Appeal No.8 of 2002.

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Court's answer

Petitioners are granted liberty to approach the Tahasildar, Puri by filing a reply to the form 'Ka' issued by him, citing the pendency of O.E.A. Appeal No.8 of 2002, within three weeks from the order.

¶17

Ratio / Principle

Tahasildar, Puri directed to pass a detailed order giving the petitioners a proper opportunity of hearing within fifteen days thereafter, in accordance with law.

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Key takeaways

Petitioners directed to put forth their entire submissions before the Tahasildar, Puri.ratio¶18
Interim protection: no coercive action shall be taken against the present petitioners till the reply to the form 'Ka' is disposed of by the Tahasildar, Puri.ratio¶19

Detailed headnote1 paragraphs

High Court of Orissa (W.P.(C) No.8529 of 2023, order dt. 22.09.2025, Dr. Sanjeeb K Panigrahi, J.) disposed of a writ petition challenging a notice dated 15.03.2023 issued by the Tahasildar, Puri in Encroachment Case No.4-44/2023 (form 'Ka'). Noting that the petitioners' title was under cloud and sub judice (W.P.(C) No.2319 of 2018 pending against O.E.A. Appeal No.8 of 2002 passed by the Collector, Puri on 15.11.2017), the Court granted the petitioners liberty to file a reply to the form 'Ka' before the Tahasildar within three weeks citing that pendency; directed the Tahasildar to pass a detailed order with a proper opportunity of hearing within fifteen days thereafter, in accordance with law; required the petitioners to put forth their entire submissions; and directed that no coercive action be taken against the petitioners till the reply is disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8529 of 2023

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Chandra Sekhar Mohanty & Ors. …. Petitioners Represented By Adv. Mr. Amit Prasad Bose

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-versus-

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…. State of Odisha & Ors. Opposite Parties Represented By AGA Mr. Debasis Nayak Mr. Bibekananda Bhuyan, Sr. Adv. Along with associates Mr. Ananda Chandra Swwain, Adv.

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CORAM: DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

Order No.

22.09.2025

1 . This matter is taken up through hybrid arrangement.

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2. The Petitioners have filed this Writ Petition challenging the notice dated 15.03.2023 issued by the Tahasildar, Puri in Encroachment Case No.4-44/2023 under Annexure-1.

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3. Heard.

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4. Learned counsel for the Petitioners submits that the W.P.(C) No.2319 of 2018 is pending before this Court challenging the O.E.A. Appeal No.8 of 2002 passed on 15.11.2017 by the Collector, Puri.

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Page 1 of 2

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// 2 //

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5. He further submits that since his title is under cloud and subjudice before this Court, the issuance of form ‘Ka’ is erroneous.

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6. Considering the facts and submissions made and since the Petitioners have been served with form ‘Ka’, the Petitioners are granted liberty to approach before the Tahasildar, Puri by filing reply to the form ‘Ka’ issued by the Tahasildar, Puri and citing the pendency of the O.E.A. Appeal No.8 of 2002 within a period of three weeks from today. The Tahasildar, Puri shall pass a detailed order by giving the Petitioners a proper opportunity of hearing within a period of fifteen days thereafter in accordance with law.

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7. It is further directed that the Petitioners shall put forth their entire submissions before the Tahasildar, Puri.

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8. It is also directed that no coercive action shall be taken against the present Petitioners till the reply to the form ‘Ka’ is disposed of by the Tahasildar, Puri.

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9. Accordingly, the Writ Petition is disposed of.

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Signature Not Verified

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Digitally Signed Signed by: SUMITRA NAYAK (Dr. Sanjeeb K Panigrahi) Reason: Authentication Location: High Court of Orissa, C utta ck Judge Date: 27-Sep-2025 18:37:15 Sumitra

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(Dr. Sanjeeb K Panigrahi)

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Chandra Sekhar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chandra Sekhar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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