Upendra Sethi Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Upendra Sethi Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of at the stage of admission with a direction to Opp. Party No. 5, the Tahasildar, Rampur, to dispose of the Petitioner's representation dated 24.11.2025 in accordance with law (with opportunity of hearing if required) within one month of receipt of the order, and an interim direction that the Petitioner shall not be evicted from the subject land till disposal of the representation.

Issue for consideration

Whether a writ of mandamus should issue directing Opp. Party No. 5, the Tahasildar, Rampur, to consider the Petitioner's request dated 24.11.2025 (Annexure-3) and initiate settlement of the encroached Government land in his favour. +1 more

Court's answer

The Tahasildar, Rampur (Opp. Party No. 5) is directed to dispose of the Petitioner's representation dated 24.11.2025 in accordance with law, giving the Petitioner an opportunity of being heard if required.

Ratio / Principle

The entire exercise of disposing of the representation shall be completed within one month from the date of receipt of the order.

Key takeaways

The Petitioner shall not be evicted from the subject land till the disposal of the representation; the protection is conditional on the Petitioner not already having been evicted.ratio¶18

Detailed headnote1 paragraphs

W.P.(C) No.1855 of 2026 disposed of at the stage of admission — Petitioner claiming possession of encroached Government land for over 70 years through his forefathers, as a landless and poor person, sought settlement and a writ of mandamus to the Tahasildar, Rampur (Opp. Party No. 5) — representation dated 24.11.2025 (Annexure-3) undisposed — in absence of any serious objection from the learned AGA, the Tahasildar directed to dispose of the representation in accordance with law, giving the Petitioner an opportunity of being heard if required, within one month of receipt of the order — Petitioner not to be evicted from the subject land till disposal of the representation — free copy of the order to the learned State Counsel for onward transmission to ensure compliance.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.1855 of 2026

Upendra Sethi …. Petitioner

Mr. A.C. Behera, Advocate

-versus-

State of Odisha & Others

…. Opp. Parties Mrs. S. Pattanayak, AGA

CORAM:

THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

10.07.2026

1. Heard learned counsel for the Parties.

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

“ 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 settlement of the encroached Govt. land in favour of the petitioner as he has been possessing the same more than 70 years since his fore fathers as a landless and poor in nature. 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 direct in the writ of mandamus to the Opp. Party No. 5 - Tahasildar, Rampur to consider the request made by the Petitioner on 24.11.2025 under Annexure - 3 and initiate a proceeding for settlement of the encroached govt. land in favour of the petitioner within a stipulated time.

This Hon'ble Court be pleased to grant liberty to the petitioner to approach before the appellate authority (u/s 12 of OPLE Act.) against the order of eviction by keeping abeyance the said eviction notice until disposal of the appeal.”

As submitted by the learned counsel for the Petitioner, the Petitioner has been in occupation of a Government land since long and seeks settlement of the said land in his favour. It is further submitted that the Petitioner has made a representation before the authority i.e. the Tahasildar, Rampur for settlement of the land, which the Tahasildar has not considered as yet.

In absence of any serious objection from the learned AGA, the Writ application is disposed of at the stage of admission with a direction to the Opp. Party No.5, i.e. the Tahasildar, Rampur, that, in the event the Petitioner has not been evicted from the subject land, his representation dated 24.11.2025, if not disposed of in the meanwhile, be disposed of in accordance with law giving an opportunity of being heard to the Petitioner, if it so required. The entire exercise shall be completed within a period of one (1) month from the date of receipt of this order. The Petitioner shall not be evicted from the subject land till the disposal of the representation.

A free copy of the order be supplied to the learned State Counsel for onward transmission to the authority concerned to ensure compliance.

Judge

Signature Not Verified

Digitally SignedSigned by: SARBANI DASHDesignation: Junior StenographerReason: Authentication Sarbani Location: HIGH COURT OF ORISSA, CUTTACKDate: 10-Jul-2026 17:30:38

Page 2 of 2