Remanded

Rinabala Moharana v. State of Odisha

Orissa HC10 Sept 2026WP(C)/29553/2026

Case brief

AI extract

What is this about?

A writ petition seeking quashing of eviction notices issued regarding case land. The High Court set aside the notice as it was issued without affording the petitioners sufficient opportunity of hearing before enforcing eviction.

What did the court decide?

The eviction notice dated 05.09.2026 is set aside and the matter is remitted to the Addl. Tahasildar to issue a proper notice after affording a hearing.

Rinabala Moharana Vs State of Odisha — Writ and Judicial Review | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 29553 of 2026 CNR No. ODHC010709442026

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Rinabala Moharana & Ors.

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..…... Petitioner (s) Mr. Samir Kumar Mishra, Sr. Adv. along with associate

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-Versus-

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State of Odisha & Ors.

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.. .…. Opposite Party (s) Ms. Gayatri Patra, ASC

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CORAM:

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DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

10.09.2026

Order No.

1. This matter is taken up through hybrid arrangement.

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2. This matter was not in today’s list. On being mentioned, this matter is taken up through Special Notice.

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3. The present Writ Petition has been filed by the Petitioners with the following prayer:

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“It is, therefore prayed that this Hon'ble Court may graciously be pleased to admit this writ application, issue notice to the Opposite Parties, call for the relevant records and after hearing the counsel for the parties, the notice dt. 05.09.2026 under Annexure-5 series be quashed and the Authorities be directed not to evict the petitioners from the case land appertaining Plot No. 1275/6478 and Plot No. 1275/6738 under Khata No. 1033/2 measuring an area of Ac.0.03dec and Ac.0.02dec;

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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: 11-Sep-2026 17:17:35

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And further be pleased to pass such further order/orders as this Hon'ble Court deems just, equitable and proper in the facts and circumstances of the present case;”

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Page 1 of 3

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4. Learned counsel for the Petitioners submits that the case land appertaining to Plot Nos. 1275/6478 and 1278/6738, measuring an area of Ac.2.0235, stands recorded in the name of the Skill Development and Technical Education Department, Government of Odisha.

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5. Learned counsel for the Petitioners further submits that the deceased husband of the Petitioner No.1 and the Petitioner Nos.2 to 4 were working under WALMI since 1997. He further submits that WALMI had constructed rooms with asbestos roofing over the case land for residential purposes and the Petitioners, being employees of WALMI have been residing therein.

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Signature Not Verified

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6. Learned counsel for the Petitioners further contends that on 31.07.2026, the Addl. Tahasildar, Sadar, Cuttack issued a notice of eviction directing the Petitioners to appear on 06.08.2026. Pursuant to the said notice, the Petitioners appeared before the Addl. Tahasildar, Sadar, Cuttack on 06.08.2026 through their advocate. However, the Addl. Tahasildar, Sadar, Cuttack issued another eviction notice dated 05.09.2026 directing the Petitioners to remove the alleged encroachment by 11.09.2026, without affording them any further opportunity of hearing. He further submits that although the notice was issued on 05.09.2026, it was served upon the Petitioners on 10.09.2026.

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 11-Sep-2026 17:17:35

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Page 2 of 3

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7. In view of the above and considering the submissions made by learned counsel for the parties, this Court is of the view that the Petitioners were not afforded sufficient opportunity to put forth their grievances before issuance of the eviction order. Accordingly, the eviction notice dated 05.09.2026 under Annexure-4 series issued by the Addl. Tahasildar, Sadar, Cuttack is hereby set aside.

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8. The matter is, accordingly, remitted back to the Addl. Tahasildar, Sadar, Cuttack, for issuance of a proper notice and for affording sufficient opportunity of hearing to the Petitioners before passing any order of eviction.

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9. Accordingly, the Writ Petition is disposed of.

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10. Considering the urgency involved in this matter, this Court directs that the downloaded copy of this order from the Website of this Court shall be treated as an authenticated copy.

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( Dr. Sanjeeb K Panigrahi) Judge

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Murmu

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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: 11-Sep-2026 17:17:35

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Page 3 of 3

Rinabala Moharana v. State of Odisha

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Rinabala Moharana v. State of Odisha

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