Madhab Majhi Vs State of Odisha

State of Odisha, represented through its Commissioner-cum- … Secretary, Revenue and Disaster Opposite Parties Management Department and Others

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Advocate(s) appeared in this case:-

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For Petitioners : Mr. S.K. Joshi, Advocate For Opp. Parties : Mr. D. Nayak, AGA

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CORAM: JUSTICE B.P. ROUTRAY JUDGMENT

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B.P. Routray, J.

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1 . Heard Mr. S.K. Joshi, learned counsel for the petitioners and Mr.

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D. Nayak, learned AGA for State – opposite parties.

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2 . Present petitioners have prayed for a direction to the State –

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opposite parties to demolish the construction of truck terminal on the

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Gochar land of village Dharampur under Tarbod Grama Panchayat in the district of Nuapada. It is contended on behalf of the petitioners that such

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WP(C) No.26909 of 2024

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 10-Feb-2026 14:48:44

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construction of truck terminal over Gochar land of the village is without consent of the Grama-sasan and without following due process of dereservation.

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3. Mr. Joshi submits that the Grama-sasan is the owner of all such Gochar lands of the village in terms of the provisions contained in Section 71 of the Gram Panchayat Act and therefore, entire proceedings of Alienation Committee to handover the land for construction of truck terminal are invalid. Mr. Joshi further submits that the process of dereservation of the land in terms of Section 3-A of the Odisha Government Land Settlement Act (OGLS Act) has been violated in present case for alienation of the land for the purpose of construction of truck terminal.

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4. On the contrary Mr. Nayak, learned AGA contends that such submission advanced on behalf of the petitioners regarding ownership of the land with Gram-sasan is not at all correct and actually the dereservation of the land in question has been done following due process of law as prescribed in OGLS Act and Rules. The Collector being the empowered authority has properly de-reserved the land vide his order dated 17^th April, 2025 in De-Reservation Case Record No.3 of 2024. Thus the petitioner’s contentions are all incorrect and moreover present

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WP(C) No.26909 of 2024

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 10-Feb-2026 14:48:44

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petitioners do not have any locus to maintain this writ petition challenging the action of the government. Mr. Nayak further submits that construction of truck terminal is for the purpose of betterment of public at large and to be used for public purpose. Therefore, the writ petition should not be allowed and may be dismissed with cost.

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5. First of all to see the locus of the petitioners to challenge such action of the government in Commerce and Transport department regarding construction of truck terminal over the land in question in Komna Block, the petitioners have stated themselves to be the villagers of Dharampur and as such their rights and interest have been violated being the villagers of Dharampur. It needs to be mentioned here that it is true that public objection has been invited before the site was selected for construction of truck terminal over the land in question. But such invitation of objection from public in that respect would not create an enforceable right in favour of the petitioners with their status as villagers of Dharampur to challenge such action of the government in construction of the truck terminal. However, it is nowhere stated by the petitioners that how their personal rights were violated by such action of the Stateopposite parties. It is not that the petitioners have pleaded to be the owners of such number of cattles and that, by construction of the truck

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WP(C) No.26909 of 2024

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 10-Feb-2026 14:48:44

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terminal over the Gochar land they have been deprived of grazing their

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cattle or their right to use the Gochar land has been violated. This

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seriously put a question mark on the very intention and locus of the petitioners to challenge the construction of truck terminal over the land in question.

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6. It is seen that the truck terminal is constructed over Plot No.652 measuring eight acres under Khata No.253 of Mouza – Dharampur in Komna Tahasil. As seen from the counter affidavit, the site selection and alienation process was done by authorized committee and after dereservation, the same has been settled in favour of Commerce and Transport Department of Government of Odisha. Before settling the land in favour of Commerce and Transport Department the land was deserved vide order dated 17^th April, 2025 of the Collector empowered under Section 3-A of the OGLS Act to de-reserve the land. Section 3-A empowers the government for de-reservation of the land and such dereservation may be done in three categories of cases as stipulated in said provision. One of such criteria as mentioned in clause (c) under Subsection (2) of Section 3-A specifies that such extent of land is in excess of reasonable requirement for the purpose for which it was reserved. A detailed calculation of the Gochar land of village Dharampur has been

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WP(C) No.26909 of 2024

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 10-Feb-2026 14:48:44

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mentioned at Paragraph-8 of the counter affidavit which shows that the total land of the village is Ac.781.83 decimal and the effective area of the village in terms of section 2(1)(c) comes to Ac.679.85 dec. Reserving 5% of the same it comes to Ac.34.00 dec., and as per record an extent of Ac.42.31 dec. was reserved as Gochar land of the village. Therefore the excess land measuring Ac.8.31 dec. reserved as Gochar land was validly de-reserved to the extent of eight acres without violating normal principle for reservation of Gochar land in the village. But it is not the case of the petitioners that such de-reservation is violating the principles of reservation to the extent of 5%. But their case is that such procedure adopted by the authority to de-reserve the land is not validly adopted. The copy of entire record in respect of alienation and de-reservation of the land in question was produced by the State at Annexure-B/4, C/4 and E/4 respectively, to the counter. A perusal of the records and the proceedings thereof reveals that the Tahasildar, Komna sent the record through the Sub-Collector for selection of the site for construction of truck terminal and it was finally approved by the Collector in his order dated 14^th November, 2024. The process of de-reservation was also conducted upon submission of record by the Tahasildar through the Sub-

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 10-Feb-2026 14:48:44

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Collector and finally approved by the Collector in his order dated 17^th April, 2025.

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7. According to the petitioners, by the time the land was de-reserved as per order dated 17^th April, 2025 of the Collector the construction of truck terminal had already started and further the alienation committee had expired its term on 14^th November, 2024 when the Collector approved the re-validation of its proceedings. These are seen to be very minute threadbare of the technicalities which need not be given much importance at this stage since the order of the Collector is seen without any flaw of the statutory provisions.

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8. The next contention of the petitioners that such alienation of the land in favour of Commerce and Transport Department has not been done with approval of the Grama-sasan flouting the provisions of Section 71 of the Odisha Grama Panchayat Act, is also not seen to be with substance. Section 71 prescribes that all such property as specified in said proviso would belong to the Grama-sasan, and such specifications as mentioned in various sub-sections of section 71 does not include Gochar

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land of the village. It is thus commonly acceptable that the Gochar land belong to the Revenue Department has to be alienated in terms of principles stated in G.O. No.EG(GL)-194/78-63304/R dated 17^th

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WP(C) No.26909 of 2024

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 10-Feb-2026 14:48:44

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September, 1978 of Revenue and Disaster Management Department of Government of Odisha. For ready reference Section 71 of the Odisha Gram Panchayat Act is reproduced bellow:-

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“71. Vesting of Public Properties in Grama Sasan :– (1) All property within the Grama of the nature hereinafter in this Section specified, other than property maintained by any other local authority or the Central or State Government, shall for the purposes of this Act, vest in the Grama Sasan and shall, with all other properties of whatever nature or kind which may become vested in the Grama Sasan, be under its directions, management and control, that is to say-

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(a) all Public sewers and drains and all works, materials and things appertaining thereto and other conservancy works;

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(b) all sewage, rubbish and offensive matters deposited on the streets or collected by the Grama Panchayat from streets, latrines, urinals, sewers, cesspools and other Places;

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(c) all Public lamps, lamp posts and apparatus connected therewith or appertaining thereto; and

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(d) all buildings or other works constructed by the Grama Sasan and all lands and buildings or other property transferred to the Grama Sasan by the Central or the State Government or acquired by gift, purchase or otherwise for local Public purposes.

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(2) The State Government may from time to time by general or special order made in that behalf exclude from the operation of

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 10-Feb-2026 14:48:44

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this Act or any specified Section of this Act any of the properties of the nature specified in Sub-Section (1).

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(3) Properties within the Grama belonging to, maintained managed or controlled by the State Government shall, on the issue of general or special orders made from time to time by the State Government in that behalf and subject to the provisions of this Act and the rules made thereunder, and to such terms and conditions as may be specified in such order, vest in the Grama Sasan and be under its management, direction and control.

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(4) Without prejudice to the generality of Sub-Section (3) but subject to the provisions thereof, properties of the nature herein specified shall vest in the Grama Sasan and be under its management, direction and control, that is to say –

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(a) Village roads,

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(b) Irrigation sources,

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(c) Ferries,

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(d) Waste lands and communal lands;

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(e) Protected forests within the meaning of the Indian Forest Act, 1927 (16 of 1927) and unreserved forests within the meaning of the Madras Forest Act, 1882 (Madras Act 5 of 1882) in respect of the management, protection and maintenance thereof for timber, fuel, fodder and other purposes;

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(f) Markets and fairs or such portions thereof as are held upon Public land or upon land belonging to or under the control of Government together with such lands, and

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(g) All income arising or accruing from any of the items of properties covered by the foregoing clauses.”

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 10-Feb-2026 14:48:44

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(5) The Collector of the district shall review or cause to be reviewed the properties of every grama Sasan in the month of December every year and on such review, if he finds that any property has not been vested in the Grama Sasan, he may recommend the State Government for vesting of the said property with the Grama Sasan.

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(6) The Collector of the district, while reviewing the properties under sub-section (5), shall also review or cause to be reviewed whether the name of the Grama Panchayat has been properly recorded in the Record or Rights maintained in the Tahasil Office in respect to the landed properties including tanks and orchards transferred to the Grama Panchayat concerned and during such review, if the Collector finds that the same is not properly recorded in the name of the Grama Panchayat, he shall direct the concerned authorities for its proper recording.”

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9. As stated above, a perusal of the provisions under Section 71 does not include Gochar land of the village to be vested in Grama Sasana in absence of any specific order of allotment of property by the Government in favour of the Grama-Sasana.

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10. Therefore, there lies no merit in the contention of the petitioners that before alienation of the Gochar land the approval of concerned Grama-sasana is necessarily to be taken. When the Grama-sasan is not the owner of the land in question recorded as Gochar, it is definitely not required on the part of the authority to get approval of Grama-sasana

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 10-Feb-2026 14:48:44

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before de-reservation of the same is effected, particularly without violating any statutory provision.

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11. Mr. Joshi relied on a decision of this court dated 20^th August, 2013 passed in WP(C) No.9415 of 2012 (Jitendra Rout and Another v. State of Odisha and Others) to contend that such de-reservation of Gochar land should not be done for general purpose without any public notice or inviting public objection.

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In the given facts of the case, it is incorrect to say that the public objection was not invited before de-reservation process was completed, but as seen from order dated 24^th January, 2025 of the Tahasildar, as per the records produced under Annexure-C/4 and E/4, it shows that the objection from public were invited and the petitioners and some other villagers have submitted their objections and the same were duly considered. Therefore, it is seen that the provisions under Rule 4 of the OGLS Rules as well as Section 3-A of the OGLS Act have been complied with by following due process of law. It is also not the case of the petitioners that any such process of de-reservation has been violated and their contention is limited to the effect that such de-reservation done by the authorities with retrospective effect should not have been done.

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WP(C) No.26909 of 2024

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 10-Feb-2026 14:48:44

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12. It needs to be mentioned here that construction of truck terminal

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has been done for public purpose in the interest of public and this is however for consideration of the local development for the benefit of public.

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13. Therefore the principles as settled by this court in the afore-stated decision dated 20^th August, 2013 that the process of due reservation should follow the rules and procedures, is accordingly is found fully complied with by the authorities without leaving any scope for interference on that score. At this stage, once again looking at the locus of the petitioners to challenge such action of the government authorities

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for construction of truck terminal, which is entirely for the benefit of public, it does not warrant any interference by this court to entertain the writ petition at their instance.

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14. For all such reasons stated above the writ petition is not entertained and the same is dismissed.

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( B.P. Routray) Judge

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M.K. Panda/P.A

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WP(C) No.26909 of 2024

Madhab Majhi v. State of Odisha

Case brief

What is this about?

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Madhab Majhi v. State of Odisha

Case brief

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