This PIL challenged alleged inaction regarding encroachment on Government land. Noting that encroachment proceedings have been initiated and the requested assurance has been given to conclude them without delay, the petition was disposed of.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 21150 of 2025
Umakanta Swain and others
…. Petitioners
Mr. Suresh Kumar Panda, Advocate
-versus-
…. State of Odisha and others Opposite Parties
Mr. Debashis Tripathy, Additional Government Advocate
CORAM:
HON’BLE THE CHIEF JUSTICE AND
HON’BLE MR JUSTICE MURAHARI SRI RAMAN
ORDER
Order No.
27.01.2026
1. Despite the letter dated 14th October, 2024 issued to the
Collector-cum-District Magistrate, Jajpur, the petitioners perceiving
no action having taken thereupon, have filed the instant writ petition in the nature of Public Interest Litigation (PIL). The petitioners raise an issue on indiscriminate encroachment made by several peoples over Kissam “Gochar” and “Jungle” lands situated at MouzaRanapur, P.S.- Korai, Tahasil- Vyasanagar in the district of Jajpur.
2. The petitioners have alleged that such nature of land, which is actually belonging to the Government, has been allowed to be
encroached upon by several squatters and no action has yet been
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taken by the Government leading to an inescapable impression that the Government has given a tacit permission to occupy the same. It is further stated that such land, earmarked for particular purposes, cannot be allowed to be used for any other purposes and it is the solemn duty of the Government to retain the land to be used and utilized for the purposes for which the same has been recorded in the Record of Right (RoR).
3. On the last occasion, the matter was adjourned to enable learned State counsel to take necessary instructions in the matter. Today, Mr. Debashis Tripathy, learned Additional Government Advocate (AGA) appearing on behalf of the opposite parties-State files before this Court a written instruction dated 22nd January, 2026 received from the Tahasildar, Vyasanagar, Jajpur. It appears from the said written instruction that after the instant writ petition is filed in the nature of PIL, the process has been activated and an inspection was done at the site wherefrom it appears that Fifty One (51) persons have, in fact, encroached upon the Government land. It further revealed that encroachment proceedings have already been initiated against those persons as permissible in law and an assurance has
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been given to bring such proceedings to its logical conclusion at the earliest.
4. Since the sole grievance of the petitioners pertains to inaction on the part of the authorities in removing the encroachment made on the Government land and once the proceedings have been initiated in accordance with law, we find that such grievance has been redressed with the rider that the concerned authorities shall show alacrity in disposing of the encroachment cases already initiated against the encroachers and bring the same to its logical end without causing any unreasonable delay.
5. It goes without saying that the authorities shall ensure strict adherence of the principles of natural justice before any adverse order is passed against those encroachers.
6. With the above observations, the instant writ petition is
disposed of.
(Harish Tandon) Chief Justice
Signature Not Verified
(M.S. Raman)
Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Jan-2026 12:06:30
Judge
S. Behera
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1 issue framed by the court
Whether the grievance regarding inaction on encroachment of Government land has been redressed given that proceedings have been initiated against encroachers.
Umakanta Swain and others
State of Odisha
Harish Tandon
Murahari Sri Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
