Orissa High Court

Kulamani Dash vs State Of Odisha & Ors. ....... Opposite ... on 20 November, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                   W.P.(C) No. 21505 of 2014
                                                         Along with
                                                    Batch of Writ Petitions

                                                  In W.P.(C) No.21505 of 2014

                              Kulamani Dash                                 ........   Petitioner(s)
                                                                        Ms. Deepali Mahapatra, Adv.
                                                          -Versus-
                              State of Odisha & Ors.                 ....... Opposite Parties (s)
                                                                      Mr. Bibekananda Nayak, AGA
                                         CORAM:
                                         DR. JUSTICE SANJEEB K PANIGRAHI
                                                    ORDER

20.11.2025

W.P.(C) No.21505 of 2014 along with W.P.(C) No.20915, 20916, 20918, 20919, 20920, 20921, 20922, 20923, 21506, 21507, 21508 &21509 of 2014 Order No.

06.

1. These matters are taken up through hybrid arrangement.

2. Since common questions of fact and law are involved in the

above-mentioned Writ Petitions, the same are heard together

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

Court finds it appropriate to treat W.P.(C) No.21505 of 2014 as

the leading case for proper adjudication of these matters.

3. The Petitioner, in W.P.(C) No.21505 of 2014, has assailed the

order dated 26.09.2014 passed by the Opposite Party

No.2/Collector, Sambalpur in OPLE Revision Case No.21 of 2012

filed by the Opposite Party No.5/ VSS Medical College and

Hospital, Burla reversing the order dated 20.07.2012 passed by

the Opposite Party No.3/ Sub-Collector, Sambalpur in OPLE

Appeal No.28 of 2012 and confirming the order of eviction dated

06.01.2012 passed by the Opposite Party No.4/ Tahasildar,

Sambalpur in Encroachment Case No.7/4-26/2011.

4. Learned counsel for the Petitioner submits that this Court has

earlier decided the similar issue in the judgment dated

17.10.2025 passed in W.P.(C) No.23452 of 2014 (Kabiraj Jena

vrs. State of Odisha and Ors.) and batch of Writ Petitions.

Hence, she submits that these Writ Petitions may be disposed of

in the light of the judgment passed in the case of Kabiraj Jena

(supra).

5. Learned counsel for the State submit that he has no objection, if

these matters are disposed of in the light of the judgment passed

in the case of Kabiraj Jena (supra).

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

Kabiraj Jena (supra), it appears that similar issue has already

been decided by this Court in the said judgment which was

disposed of on 17.10.2025. The ordering portion of the said

judgment is as follows:

"15. In view of the foregoing discussion, these Writ Petitions are allowed

a. The revisional order dated 26.09.2014 passed by the Collector, Sambalpur in OPLE Revision Case No. 4 of 2012 is quashed. Consequentially, the appellate order dated 20.07.2012 passed by the Sub-Collector, Sambalpur in OPLE Appeal No. 31 of 2012 stands restored.

b. The foundational eviction order dated 06.01.2012 of the Tahasildar, Sambalpur in Encroachment Case No. 7/4-21/2011 (and connected cases analogously situated) is set aside for want of jurisdiction and for failure to adhere to the statutorily intended coordination with the land-owning Irrigation Department during settlement operations.

c. It shall be open to the State/Irrigation Department, if so advised, to proceed afresh strictly in accordance with law, subject to the following pre-conditions:

(a) A speaking determination identifying the precise plots, their vesting in the Irrigation Department, and whether any portion stands lawfully allotted/vested in VSS MCH;

(b) Any OPLE action, if warranted, shall be initiated by/at the instance of the competent estate authority of the land- owning department, not merely on a generic reference;

(c) If settlement operations subsist or are re-opened, land identification/recordal issues shall be first addressed under the settlement regime;

(d) Fresh proceedings shall scrupulously comply with notice, opportunity, and reasoned orders, with due consideration of individual claims, duration of possession, and any policy on regularization/rehabilitation;

16. The competent authority shall consider--and record reasons upon-- whether, in light of the Collector's 15.02.2012 correspondence and any extant Government policy, the Petitioners' cluster admits of regularization/alternative rehabilitation, particularly if the land is outside the present VSS MCH campus and no immediate public purpose requires eviction.

17. Until the completion of the exercise in Clause (c) and for a period of six months thereafter, the Petitioners shall not be dispossessed except in pursuance of fresh, lawful orders passed after compliance with due process. This protection shall not be construed to create any equitable title.

18. Any future challenge at the revisional stage by VSS MCH shall be entertained only upon prima facie proof that the specific plots in question are vested/allotted to it. Generic institutional interest will not suffice.

19.Accordingly, all the Writ Petitions are disposed of.

20. Interim order, if any, passed earlier in any of the above-mentioned Writ Petitions stands vacated."

7. Considering the submissions made by the learned counsel for

the parties and taking into account the judgment dated

17.10.2025 passed in W.P.(C) No.23452 of 2014, this Court is

inclined to accede to the submissions of the learned counsel for

the Petitioner. Accordingly, W.P.(C) No.21505 of 2014 is allowed

in part with the following directions:

a. The revisional order dated 26.09.2014 passed by the

Collector, Sambalpur in OPLE Revision Case No. 21 of 2012

is quashed. Consequentially, the appellate order dated

20.07.2012 passed by the Sub-Collector, Sambalpur in OPLE

Appeal No. 28 of 212 stands restored.

b. The foundational eviction order dated 06.01.2012 of the

Tahasildar, Sambalpur in Encroachment Case No. 7/4-

26/2011 (and connected cases analogously situated) is set

aside for want of jurisdiction and for failure to adhere to the

statutorily intended coordination with the land-owning

Irrigation Department during settlement operations.

c. It shall be open to the State/Irrigation Department, if so

advised, to proceed afresh strictly in accordance with law,

subject to the following pre-conditions:

(a) A speaking determination identifying the precise plots,

their vesting in the Irrigation Department, and whether

any portion stands lawfully allotted/vested in VSS

Medical College and Hospital;