Brundaban Sahu vs ) Sambalpur Municipal ..... Opposite ...
2026 Latest Caselaw 1230 Ori

Orissa High Court

Brundaban Sahu vs ) Sambalpur Municipal ..... Opposite ... on 10 February, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                           WP(C) No.4549 of 2026
            Brundaban Sahu               .....      Petitioner
                                                                   Represented by Adv. -
                                                                   Sidhartha Mishra

                                                -versus-
            1) Sambalpur Municipal                         .....       Opposite Parties
            Corporation, Durgapali,
            Sambalpur
            2) Collector Cum Dist.magistrate,                      Represented by Adv. -
            Sambalpur
                                                                   Mr. U.C. Jena, ASC


                                                CORAM:
                THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                             ORDER

10.02.2026 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the writ application as well as the prayer made therein.

3. By filing the present writ application, the Petitioner has assailed the conduct of the Opposite Party-Sambalpur Municipal Corporation for making an attempt to evict the Petitioner from the land over which the Petitioner has been residing for several decades.

4. Learned counsel for the Petitioner in course of argument submitted that the Petitioner is the permanent resident of

Sambalpur District and he has been residing over the land in question for several decades. He further submitted that the Opposite Party-Corporation without issuing any formal notice has been contemplating action to evict the Petitioner from the disputed land. Learned counsel for the Petitioner further expressed his apprehension that the Petitioner might be evicted from the land in question without following the due procedure of law.

5. On perusal of the record it appears that no formal notice has been issued as of now to the Petitioner requesting him to either vacate the land or to remove any encroachment. In view of the aforesaid fact, this Court is not inclined to entertain this application. However, while disposing of the present application, this Court directs that in the event the Opposite Parties are contemplating eviction of the Petitioner then they shall follow the due procedure of law and shall also give prior notice to the Petitioner before taking any coercive action against him.

6. With the aforesaid observation and direction, the writ petition stands disposed of.

7. Urgent certified copy of this order be granted on proper application.

8. Opposite Parties are directed to act upon production of a duly authenticated web copy of the order.

( A.K. Mohapatra ) Judge

Sisir

Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 10-Feb-2026 19:11:40