Disposed¶18

Abdul Manan@ Abdul Manan Khalipha v. State of Odisha

Orissa HC8 Jul 2026WP(C)/3813/2026

Case brief

AI extract

What is this about?

Abdul Manan v. State of Odisha, W.P.(C) No.3813 of 2026, High Court of Orissa at Cuttack, 08.07.2026, Chittaranjan Dash J. Writ petition withdrawn with liberty to approach appropriate authority; settlement of encroached Govt. land sought from Tahasildar, Rampur (request dt. 24.11.2025, Annexure-3); eviction notice; appeal under S.12 OPLE Act; no coercive action for fifteen days.

What did the court decide?

Permission to withdraw the Writ Petition with liberty to approach the appropriate court/authority in accordance with law; assurance that no coercive action will be taken against the petitioner till he approaches the appropriate authority (within fifteen days). ¶18

Abdul Manan@ Abdul Manan Khalipha Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether directions should issue to the opposite parties, particularly Opp. Party No.5 (Tahasildar, Rampur), for settlement of the encroached Govt. land in favour of the petitioner, who claims to have possessed it for more than 70 years as a landless person, by considering his request of 24.11.2025 (Annexure-3). +1 more

¶15

Ratio / Principle

The prayer is allowed and the Petitioner is permitted to withdraw the Writ Petition with liberty to approach the appropriate court in accordance with law (statute).

¶18

Key takeaways

If the Petitioner approaches the appropriate authority within a period of fifteen days from the date of the order, no coercive action shall be taken against him till then.ratio¶19

Detailed headnote1 paragraphs

W.P.(C) No.3813 of 2026, High Court of Orissa at Cuttack, order dated 08.07.2026 (Chittaranjan Dash, J.). Petitioner Abdul Manan, claiming possession of encroached Govt. land for more than 70 years as a landless person, had sought (i) directions to Opp. Party No.5, the Tahasildar, Rampur, to consider his request dated 24.11.2025 (Annexure-3) and initiate settlement of the encroached Govt. land in his favour, and (ii) liberty to approach the appellate authority under S.12 of the OPLE Act against the order of eviction, with the eviction notice kept in abeyance until disposal of the appeal. In course of the hearing, counsel for the petitioner sought liberty to approach the appropriate authority in accordance with law under the relevant statute. The Court allowed the prayer, permitted withdrawal of the writ petition with liberty to approach the appropriate court in accordance with law, and held that if the petitioner approaches the appropriate authority within fifteen days, no coercive action shall be taken against him till then.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.3813 of 2026

¶3

Abdul Manan @ Abdul Manan …. Petitioner Khalipha

¶4

Mr. A.C. Behera, Advocate

¶5

-versus-

¶6

State of Odisha & another

¶7

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

¶8

CORAM:

¶9

THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

08.07.2026

01. 1. Heard learned counsel for the Parties.

¶14

2. By means of this application, the Petitioner seeks the following prayer:-

¶15

“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 Op-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.

¶16

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.”

¶17

Mr. Behera, learned counsel for the Petitioner, in course of the hearing seeks the liberty to approach the appropriate authority in accordance with law under the relevant statute.

¶18

In view of the above, prayer is allowed. The Petitioner is permitted to withdraw the Writ Petition with liberty to approach the appropriate court in accordance with the statue.

¶19

In the event, the Petitioner approaches the appropriate authority within a period of fifteen days from today, no coercive action shall be taken against him till then.

¶20

(Chittaranjan Dash) Judge

¶21

Bijay

¶22

Signature Not Verified

¶23

Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 09-Jul-2026 16:32:42

¶24

Page 2 of 2

Abdul Manan@ Abdul Manan Khalipha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Abdul Manan@ Abdul Manan Khalipha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Archana Tarai Vs Luna Mohanty, Chairman, District Legal Services Authority, Kendrapara

Bhavesh Kumar Jain Vs the State Transport Authority, Odisha

Biswajit Mohanty Vs Arvind Singh,C.E.O, Tpcodl, Bbsr

Kirttan Banchhor Vs State of Odisha

Amar Budek Vs State of Odisha

Gajanan Meher Vs State of Odisha