Allowed

Kalu Dalei v. the Collector, Nayagarh

Orissa HC9 Sept 2026WP(C)/13408/2026

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a writ petition seeking removal of encroachment over a public road. The court directed the Tahasildar to demarcate the plot, complete proceedings under the Odisha Prevention of Land Encroachment Act following natural justice, and remove unauthorized occupation within two months.

What did the court decide?

Directed Tahasildar to demarcate plot, complete OPLE Act proceedings with natural justice, remove encroachment, and complete exercise within two months.

Kalu Dalei Vs the Collector, Nayagarh — Landlord and Tenant | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 13408 of 2026

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CNR No.ODHC010314512026

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Kalu Dalei

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…. Petitioner(s)

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Mr. Sarat Chandra Mekap, Adv.

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-versus-

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Collector, Cuttack & Ors.

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Ms. Gayatri Patra, ASC (for O.P. Nos.1 to 6)

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CORAM:

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HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI

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ORDER

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Order No. 09.09.2026

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03.

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1. This matter is taken up through hybrid arrangement.

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2. Heard learned counsel for the Petitioner and learned

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counsel for the State.

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3. By filing the present Writ Petition, the Petitioner seeks removal of encroachment over Plot No.672, Khata No.522, area 20 ft. x 18 ft., Kissam “Rasta (Sarbasadharana)”, MouzaRabera, which is stated to be a Government road used by the villagers for ingress and egress.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 10-Sep-2026 18:47:43

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4. It appears from the materials on record that the Revenue Inspector, Odagaon, had reported encroachment over the said public passage and Criminal Misc. Case No.169 of 2020 was

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Page 1 of 3

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initiated by the Sub-Divisional Magistrate, Nayagarh. Though an eviction order was passed on 26.10.2021, the matter was subsequently forwarded to Tahasildar, Odagaon, for fresh adjudication after following due procedure and the principles of natural justice.

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5. A public road recorded as “Rasta (Sarbasadharana)” cannot be permitted to be obstructed by private persons, as it affects the common right of the villagers to ingress and egress. The competent Revenue Authority is duty-bound to protect Government/public-use land and take action against unauthorised occupation in accordance with the Odisha Prevention of Land Encroachment Act, 1972 and the Rules framed thereunder.

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6. Accordingly, the Tahasildar, Odagaon (O.P. No.3) is directed to:

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(i) Measure and demarcate the entire Plot No.672, Mouza- Rabera with reference to the relevant revenue records and identify the encroached portion, if any;

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(ii) Complete the necessary proceedings under the OPLE Act/Rules by following due process of law and principles of natural justice; and

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 10-Sep-2026 18:47:43

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Page 2 of 3

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(iii) If any unauthorised encroachment over the public road is found, remove the same and restore the road to public use.

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(iv) The entire exercise shall be completed preferably within two months from the date of communication of this order.

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7. The writ petition is accordingly disposed of.

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8. Pending application (s), if any, shall stand disposed of. 9. Issue urgent certified copy of this order as per Rules.

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(Dr. Sanjeeb K Panigrahi)

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Judge

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Sipun

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 10-Sep-2026 18:47:43

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Kalu Dalei v. the Collector, Nayagarh

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Kalu Dalei v. the Collector, Nayagarh

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