The High Court directed the Tahasildar to clear unauthorized encroachment on specific public plots in Mouza Bagalpur, ensuring a hearing is conducted before any eviction drive, and set a one-month deadline.
Directing the Tahasildar, Balipatna, to clear encroachment on specified public plots within one month after providing hearing to concerned parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 28880 of 2026 CNR No. ODHC010675402026
Amulya Bhoi
..…... Petitioner (s) Mr. Sanjib Mohanty, Adv.
-Versus-
State of Odisha & Ors.
.. .…. Opposite Party (s) Mr. Tej Kumar, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
11.09.2026
Order No.
1. This matter is taken up through hybrid arrangement.
2. In filing the present Writ Petition, the Petitioner has sought for a direction from this Court to the Collector, Khordha/ Opposite Party No.2 and the Tahasildar, Balipatna / Opposite Party No.4 for clearing the unauthorized encroachment made over Khata No.671, plot Nos.1912,1902,1898,2060,924,1199, 823, 1244, 308, 1366, 1184, 1958, 367, 1703 and 1343 of Mouza Bagalpur under Balipatna Tahasil, taking into account the report of the Revenue Inspector, Aitalanga submitted on this issue in Encroachment Case No.19/2025-2026.
3. Heard.
Signature Not Verified
Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 11-Sep-2026 17:29:49
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4. Learned counsel for the Petitioner submits that due to the unauthorized encroachment of the above noted plot by the Opposite Party Nos.7 to 8, the Petitioner so also the other inhabitants of the said locality are suffering immensely. He further contends that encroachment over the above noted public land creates disturbance in getting connectivity to the road. He also submits that, based on the complaint of the Petitioner so also the other inhabitants of the said locality, the Revenue Inspector, Aitalanga has already submitted reports. But, despite submission of the said reports, the Authorities concerned are not taking any steps to clear the unauthorized encroachment made over the public road, playground, pond in question. Hence, the inhabitants of the said locality including the present Petitioner are suffering immensely. He, accordingly, prays for allowing the prayer made in the present Writ Petition.
Signature Not Verified
5. Considering the submission made on behalf of the Petitioner and looking to the factual scenario of the case, this Court directs the Tahasildar, Balipatna to look into the report submitted by the Revenue Inspector, Aitalanga and take immediate steps to make the public property in question vide Khata No.671, plot Nos.1912,1902,1898,2060,924,1199, 823, 1244, 308, 1366, 1184, 1958, 367, 1703 and 1343 of Mouza Bagalpur under Balipatna Tahasil encroachment free. The Tahasildar, Balipatna is directed to
Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 11-Sep-2026 17:29:49
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provide adequate opportunity of hearing to all the parties concerned before undertaking the eviction drive, if any.
6. The entire exercise is directed to be completed within one month from the date of presentation of an authenticated copy of this order.
7. This Writ Petition is, accordingly, disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge
Murmu
Signature Not Verified
Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 11-Sep-2026 17:29:49
Page 3 of 3
2 issues framed by the court
Whether the Court should direct authorities to clear unauthorized encroachment on public land.
Whether adequate hearing must be provided before eviction of encroachers from public property.
Amulya Bhoi
State of Odisha
Dr. Sanjeeb K Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
