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Orissa High Court
Lambodar Bishoiratna vs State Of Odisha And Others .... Opp. ... on 11 February, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: HIMANSU SEKHAR DASH
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Feb-2026 17:44:26
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4557 OF 2026
Lambodar Bishoiratna .... Petitioner
Mr. Prasanta Kumar Panda, Advocate
-versus-
State of Odisha and Others .... Opp. Parties
Mr. Siba Narayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 11.02.2026
01. 1. This matter is taken up through hybrid mode.
2. Mr. Panda, learned counsel for the Petitioner submits that the
land, in question, was settled with the Petitioner and one Kuni
Bishoiratna in a proceeding under the Orissa Prevention of Land
Encroachment Act, 1972. Record of Right has already been published
under Annexure-1 in their name. Recently, the Tahasildar, Mohana in
the District of Gajapati initiated a proceeding under Section 3-B of the
Orissa Government Land Settlement Act, 1962 and fixed the date to 6th
February, 2026 for hearing of the case. The Petitioner on appearance
filed an application for time to file objection. In order to file an
effective objection, the Petitioner has applied for the certified copy of
the case record of E.C. Case No.935 of 2004 of the file of Tahasildar,
Mohana in which, the land in question is stated to have been settled.
But the same has not yet been available to him. Hence, the Petitioner
filed an application on 6th February, 2026 to grant him time to file the
objection, which was rejected. As such, the Petitioner apprehends that
Signed by: HIMANSU SEKHAR DASH
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Feb-2026 17:44:26
the Tahasildar, Mohana being in hurry may pass final order in the
proceeding under Section 3-B of the OGLS Act.
3. In view of the above, the Petitioner finding no other alternative
have filed this writ petition.
4. Mr. Biswal, learned Additional Standing Counsel submits that
since the case record in E.C. Case No.935 of 2004 is not readily made
available with the Tahasildar, Mohana, it could not be supplied to the
Petitioner immediately. But the same shall be supplied when it is made
available. He, however, prays for an adjournment to take detailed
instruction in the matter.
5. In view of the above, this Court feels that the matter requires
consideration.
6. Hence, issue notice.
7. Since Mr. Biswal, learned Additional Standing Counsel accepts
notice on behalf of the Opposite Parties, no requisites need be filed for
issuance of notice to them.
8. Put up this matter on 29th April, 2026. Counter affidavit, if any,
shall be filed in the meantime positively serving copy thereof on
learned counsel for the Petitioner.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
02. 1. Issue notice as above.
Signed by: HIMANSU SEKHAR DASH
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Feb-2026 17:44:26
2. As an interim measure, it is directed that till the next date
further proceedings pursuant to the notice in P.R. No.100 dated 15th
January, 2026 (Annexure-3) issued by the Tahasildar & Executive
Officer, Mohana, Gajapati shall be kept in abeyance.
3. Issue urgent certified copy of this order on proper application.
(K.R. Mohapatra)
himansu Judge
(S.K. Mishra)
Judge
