Jibardhan Panda vs State Of Odisha And Ors. .... Opposite ...
2025 Latest Caselaw 1803 Ori

Citation : 2025 Latest Caselaw 1803 Ori
Judgement Date : 29 July, 2025

Orissa High Court

Jibardhan Panda vs State Of Odisha And Ors. .... Opposite ... on 29 July, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                                                   Signature Not Verified
                                                                   Digitally Signed
                                                                   Signed by: BHABAGRAHI JHANKAR
                                                                   Reason: Authentication
                                                                   Location: ORISSA HIGH COURT, CUTTACK
                                                                   Date: 29-Jul-2025 18:41:25




                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.21100 of 2025
                                  Along with
                       W.P.(C) Nos.21103 and 21182 of 2025

             Jibardhan Panda                    ....             Petitioner (s)
             (In W.P.(C) No.21100 of 2025)
             Kishanlal Agarwal
             (In W.P.(C) No.21103 of 2025)
             Sawar Mal Gupta and Anr.
             (In W.P.(C) No.21182 of 2025)
                                                 Mr. Amit Prasad Bose, Adv.
                                           -versus-
             State of Odisha and Ors.           ....        Opposite Party (s)
                                                  Mr. Debasish Nayak, AGA
                                               Mr. Jugal Kishore Panda, Adv.
                                                   (for Bargarh Municipality)

                      CORAM:
                        DR.JUSTICE S.K. PANIGRAHI
Order No.                                ORDER
 01.                                    29.07.2025
        1.

These matters are taken up through hybrid arrangement.

2. Though these matters were not listed today, on being

mentioned, the same are taken up through Special Notice.

3. Since common question of facts and law are involved in all the

above mentioned Writ Petitions, the same are heard together

and are being disposed of by this common order. However,

this Court felt it apposite to deal the W.P.(C) No.21100 of 2025

as the leading case for proper adjudication of all these cases.

Location: ORISSA HIGH COURT, CUTTACK

4. The Petitioner in W.P.(C) No.21100 of 2025 has challenged the

action of the Opposite Parties in making mike announcement

on 27.07.2025 to demolish his structure/ building without prior

notice.

5. At the outset, learned counsel for the Petitioner submits that

this Court has earlier decided the similar issue in the judgment

dated 29.10.2024 passed in W.P.(C) No.16110 of 2024 (Lagan

Agrawal -vrs.- State of Orissa & Ors.) along with batch of

cases. Hence, he submits that this Writ Petition may be

disposed of in the light of the judgment passed in the case of

Lagan Agrawal (supra).

6. Learned counsel for the Opposite Parties submit that he has no

objection, if this matter is disposed of in the light of the

judgment passed in the case of Lagan Agrawal (supra).

7. On perusal of the records and the judgment passed in the case

of Lagan Agrawal (supra), it appears that similar issue has

already been decided by this Court in the said judgment which

was disposed of on 29.10.2024. The ordering portion of the said

judgment is as follows.

"25. The impugned order dated 05.04.2024 passed by the Opposite Party No.3/ Executive Officer, Bargarh Municipality, Bargarh in Encroachment Case No.01 of 2024 is quashed. The matter is remitted back to the Opposite Party No.3/ Executive Officer, Bargarh Municipality, Bargarh to reconsider and pass order afresh considering the reply to the show cause along with the documents filed by the Petitioner meticulously.

Location: ORISSA HIGH COURT, CUTTACK

26.Consequently, all the connected Writ Petitions are also allowed in terms of the aforesaid judgment/ order passed in W.P.(C) No.16110 of 2024.

27. It is hereby clarified that until a fresh order is issued, as directed above, the Petitioners in all referenced Writ Petitions shall remain protected from eviction. The stay on eviction shall remain in effect to ensure that the Petitioners' right to due process is fully honoured and that they are not prejudiced by any administrative action taken before the resolution of the reconsidered order. Accordingly, the Opposite Parties are directed to refrain from any further eviction-related actions concerning the Petitioners' occupancy of the disputed property until fresh and reasoned orders are issued. It is further made clear that the Petitioners should be allowed to produce the documents related to the alleged encroached plots/ housing and they shall be given personal hearing before passing a reasoned order by the Bargarh Municipality. Any deviation to this direction should be treated as a case for contempt."

8. Considering the submissions made by the learned counsel for

the parties and taking into account the judgment dated

29.10.2024 passed in W.P.(C) No.16110 of 2024, this Court is

inclined to accede to the submissions of the Petitioner.

Accordingly, W.P.(C) No.21100 of 2025 is allowed. The Bargarh

Municipality is directed to make a joint demarcation in the

presence of the Petitioner within a week hence and after that

the Petitioner shall be given an opportunity to show his

ownership related documents and, thereafter, the Municipality

shall decide the matter and proceed with the demolition drive,

if they find that there is encroachment, in accordance with the

letter and spirit of the OPLE Act.