Saheb Jani Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Saheb Jani Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Opposite Party No.2 (Collector-cum-District Magistrate, Nabarangpur), directly or through Opposite Party No.3 (Tahasildar, Nabarangpur), to dispose of the Petitioner's representation dated 27.02.2026 in accordance with law within one month and communicate the result within one week thereafter; and that no coercive action be taken against the Petitioner till disposal of the representation, if no eviction has been effected as on date.

Issue for consideration

Whether the Petitioner is entitled to settlement of the land bearing Khata No.397, Plot No. 458, Mouza - Hirli, measuring Ac.0.02 decimal, as per the Guidelines laid down by the Government of Odisha. +1 more

Ratio / Principle

Opposite Party No.2, the Collector-cum-District Magistrate, Nabarangpur, is directed to dispose of the Petitioner's representation directly or through Opposite Party No.3, the Tahasildar, Nabarangpur, in accordance with law, within one month from receipt of the order, and to communicate the result to the Petitioner within one week thereafter.

Key takeaways

If no eviction has been effected as on date, no coercive action shall be taken against the Petitioner till the disposal of the representation dated 27.02.2026.ratio¶19

Detailed headnote1 paragraphs

Writ petition disposed of. The Petitioner, who was issued a notice for eviction from the subject property under Section 9/7(3) of the OPLE Act, 1972 vide Encroachment Case No.4-62 of 2026 and whose representation dated 27.02.2026 before the Collector-cum-District Magistrate, Nabarangpur remained undisposed, is granted a direction that the Collector dispose of the representation directly or through the Tahasildar, Nabarangpur, in accordance with law within one month of receipt of the order and communicate the result within one week thereafter. Interim protection: if no eviction has been effected, no coercive action shall be taken against the Petitioner till disposal of the representation. The Court did not adjudicate the prayer for settlement of the land (Khata No.397, Plot No. 458, Mouza - Hirli, Ac.0.02 decimal) as per Government guidelines.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.12594 of 2026

Saheb Jani

…. Petitioner

None

-versus-

State Of Odisha & Ors.

…. Opp. Parties Mrs. Suman Pattanayak, AGA

CORAM:

THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

Order No.

ORDER 09.07.2026

01. 1. Heard learned counsel for the Parties.

By means of this Application, the Petitioner seeks the following relief:-

“Therefore it is prayed that this Honourable court be pleased enough to admit this writ petition, issue notice to the parties and after hearing the both the parties, direct the parties to settle the land bearing Khata No.397, Plot No. 458 and Mouza - Hirli, Police Station and District of Nabarangpur, measuring to an extent of Ac.0.02 decimal in favour of the petitioner as per Guide Lines laid down by the Government of Odisha, in the best interest of justice.”

The averments made in the Application go to show that the Petitioner has been issued with a notice for eviction from the subject property under Section 9/7(3) of the OPLE Act, 1972 vide Encroachment Case No.4-62 of 2026. The Petitioner has made a representation before Opposite Party No.2, i.e., the Collector-cumDistrict Magistrate, Nabarangpur on 27.02.2026, a copy whereof has been placed at Annexure-3.

In the event, the Petitioner has not been evicted from the subject property as on date, the Opposite Party No.2, i.e., the

Collector-cum-District Magistrate, Nabarangpur, is directed to dispose of the representation of the Petitioner directly or through the appropriate Authority i.e., Opposite Party No.3, the Tahasildar, Nabarangpur, in accordance with law, within a period of one (1) month from the date of receipt this order and to communicate the result thereof to the Petitioner within one (1) week thereafter.

If no eviction has been effected, as stated above, as on date, no coercive action shall be taken against the Petitioner till the disposal of the representation dated 27.02.2026.

Accordingly, the writ petition stands disposed of.

A copy of this order be supplied to the learned AGA for onward transmission to the Collector-cum-District Magistrate, Nabarangpur, for compliance.

(Chittaranjan Dash)

Judge

Priyanka

Digitally Signed Signed by: PRIYANKA BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Jul-2026 10:09:09

Signature Not Verified

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