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Rajan Nayak v. State of Odisha

Orissa HC9 Jul 2026WP(C)/12734/2026

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; W.P.(C) No.12734 of 2026; Rajan Nayak v. State of Odisha & Ors.; decided 09.07.2026 by Justice Chittaranjan Dash; land encroachment; OPLE Act; Tahasildar Basudevpur; Land Encroachment Case No.523 of 2025-26; demarcation notice dated 06.02.2026; letter No.840; Annexure-4 eviction direction; writ petition withdrawn with liberty to approach statutory appellate forum within 15 days; no coercive action for one month; opportunity of hearing; alternative statutory remedy.

What did the court decide?

Writ petition disposed of as withdrawn; liberty granted to approach the appropriate statutory forum within fifteen (15) days; no coercive action against the Petitioner for one (1) month if eviction not effected; Authority free to proceed in accordance with law if the Petitioner fails to approach within the stipulated time.

Rajan Nayak Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing Opposite Party No.5 (Tahasildar, Basudevpur) to initiate eviction/demolition proceedings after conclusion of the demarcation proceeding pursuant to the notice dated 06.02.2026. +1 more

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Ratio / Principle

The Authority having adhered to the provisions of the OPLE Act by affording the Petitioner an opportunity of being heard, the subsequent order for eviction is subject to appeal before the forum under the statute.

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Key takeaways

The Petitioner is permitted to withdraw the application with liberty to approach the appropriate forum available under the statute within a period of fifteen (15) days.ratio¶20
If the eviction has not been effected as on date, no coercive action shall be taken against the Petitioner for a period of one (1) month, enabling him to pursue the matter before the appropriate Authority.ratio¶20
If the Petitioner does not approach the Authority within the stipulated time, the Authority shall be free to move in accordance with law.

Detailed headnote1 paragraphs

W.P.(C) No.12734 of 2026, High Court of Orissa at Cuttack, decided 09.07.2026 by Chittaranjan Dash, J. — Rajan Nayak v. State of Odisha & Ors. The Petitioner, against whom the Tahasildar, Basudevpur (Opposite Party No.5) issued an eviction direction (Annexure-4) after re-demarcation of the subject land vide letter No.840 dated 06.02.2026 in connection with Land Encroachment Case No.523 of 2025-26, sought a writ of mandamus for initiation of eviction/demolition proceedings pursuant to the demarcation notice dated 06.02.2026. Observing that the Authority had adhered to the OPLE Act by affording the Petitioner an opportunity of being heard and that the eviction order is subject to appeal before the statutory forum, the Court permitted withdrawal of the petition with liberty to approach the appropriate statutory forum within fifteen (15) days, directed that no coercive action be taken against the Petitioner for one (1) month if eviction had not been effected, and clarified that on failure to approach the Authority within the stipulated time the Authority would be free to proceed in accordance with law. Petition disposed of as withdrawn.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.12734 of 2026

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Rajan Nayak

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…. Petitioner

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Mr. Jayanta Kumar Majhi, Advocate -versus-

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State Of Odisha & Ors.

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…. Opp. Parties Mrs. Suman Pattanayak, AGA

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CORAM:

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THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

Order No.

ORDER

09.07.2026

01. 1. Heard learned counsel for both the Parties.

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

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“Therefore, it is respectfully prayed that this Hon'ble court may graciously be pleased to admit this writ petition. Issue rule Nisi for calling upon the Opp. parties particularly opp. party No.5 for show cause as to why the direction will not be issued for initiation of demolition/eviction proceeding after completion of the demarcation proceeding as per the notice dtd. 06.02.2026. This Hon'ble court be pleased to make its rule absolute if the said opp. party fails to submit sufficient cause or show insufficient cause and after hearing from the parties this Hon'ble Court may direct in the writ of mandamus to the Opp. Party No.5- Tahasildar, Basudevpur to initiate the Eviction/Demolition proceeding after conclusion of the demarcation proceeding as per notice dtd.06.02.2026 issued by the said Tahasildar for demarcation of the land. This Hon'ble Court may further be pleased to grant liberty to the petitioner to the appellate authority to make an appeal against the eviction proceeding for the interest of justice.”

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Mr. Majhi, learned counsel for the Petitioner, drew the attention of this Court to the fact that pursuant to the notice issued

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to the Petitioner on 02.01.2026, he submitted his written objection before Opposite Party No.5, i.e., the Tahasildar, Basudevpur, in connection with the Land Encroachment Case No.523 of 2025-26. A copy whereof has been placed at Annexure-2. The objection was submitted on 08.01.2026.

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The Authority having issued a notice to the Amin of the concerned Tahasildar, got the land demarcated to ensure whether the Petitioner is in actual encroachment of the Government land and accordingly, vide letter No.840 dated 06.02.2026. The subject land was re-demarcated and finally it was ascertained by the Petitioner is in equipment of the Government land and accordingly, Annexure-4 was issued directing the Petitioner to get him evicted from the subject land. Since the Authority has adhered to the provisions enumerated under the OPLE Act by affording an opportunity of being heard to the Petitioner, the subsequent action of the Authority by passing the order for eviction is subject appeal before the forum under the statute.

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Mr. Majhi, learned counsel for the Petitioner submits that he would resort to approach the appropriate forum under the statute and accordingly, liberty be granted.

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The Petitioner is permitted to withdraw the Application with liberty to approach the appropriate forum available under the statute within a period of fifteen (15) days and in event, the eviction has not been effected as on date. No coercive action shall be taken against the Petitioner for a period of one (1) month

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enabling the Petitioner to pursue this matter before the appropriate Authority.

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In the event, the Petitioner does not approach the Authority and within a time stipulated as above the Authority shall be free to move in accordance with law.

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