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Orissa High Court
Dayanidhi Das And Others vs State Of Odisha And Others .... Opposite ... on 4 February, 2026
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10665 of 2025
Dayanidhi Das and others .... Petitioners
Mr. Ranjit Mohanty, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Ms. Biswabara Dash, Addl. Standing Counsel
Ms. Jenamani Jeeban Jyoti, Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
AND
HON'BLE MR JUSTICE MURAHARI SRI RAMAN
ORDER
Order No. 04.02.2026
05. 1. Pursuant to the order dated 28th January, 2026, the
Tahasildar, Kanika is personally present before this Court. On the
said date, this Court noticed a discrepancy and/or inaccuracy in the
reports submitted by the said Tahasildar and the Special Officer
appointed by this Court. The Special Officer submitted the report
after taking the help and assistance of the Amins attached to the
office and found encroachments over the portion of the cremation
ground.
2. Because of such inconsistent stand taken by the Tahasildar
and what is reflected in the report submitted by the Special Officer,
we felt it necessary not only to ensure the physical presence of the
Tahasildar, Kanika before this Court but also to entrust the entire
exercise to be undertaken by the Sub-Collector, Kendrapara under
the supervision of the Collector, Kendrapara.
3. The Sub-Collector, Kendrapara submitted a report through a
Letter No.1420 dated 2nd February, 2026 and observed the following:
"4. One Bailochan Barik has constructed a temple at
southern side adjacent to the scheduled Govt. Land,
which is locally known as "Radhakrushna Mandira",
which encroached an area of Ac 0.001 out of total area
of Ac 0.29.
5. One Manoranjan Barik has erected a temporary
wooden fence at the western side adjacent to the
scheduled Govt. land, which encroached an area of Ac
0.008 out of total area of Ac 0.29.
6. One Kalandi Charan Sahoo has constructed a
septic tank at the eastern side adjacent to the scheduled
Govt. Land, which encroached an area of Ac 0.001 out
of the total area of Ac 0.29."
4. It is thus apparent and manifest from the said report that the
report of the Special Officer indicating encroachments having made
over the portion of the cremation ground are substantially correct.
An explanation is sought to be given by the said Tahasildar that the
earlier report dated 24th December, 2025 was based upon the report
submitted by the Revenue Inspector, Ayatan Circle, Kendrapara, as
she did not physically visit the spot.
5. We further notice from the report dated 26th January, 2026
submitted to this Court after the inspection was undertaken by the
Special Officer wherefrom the tenet of the letter and the contents
therein showed the adamancy in justifying the action taken earlier
and projecting the inaccuracies and/or discrepancies in the report
submitted by the Special Officer.
6. Having been confronted with the aforesaid letter in
conjunction with the report of the Sub-Collector, Kendrapara, dated
2nd February, 2026, she tendered an unconditional apology for her
conduct, which is perceived in the report submitted before this
Court.
7. The office of the Tahasildar has significance and
importance in relation to revenue aspect and, therefore, the Officer
managing such office must show his/her conduct with greater
responsibility and should not discharge duties in a careless and
cavalier manner. The dispute relating to land to a great proportion
depends upon the records maintained in the said office, which are
commonly known as the Record-of-Right. The irresponsible
behavior and the conduct not only aggravate the issues but also
encourage the litigations to pour in the docket of the Court.
8. Be that as it may, the Sub-Collector, Kendrapara has found
the encroachment over the portion of the cremation ground, we
expect that the Tahasildar, Kanika will reform her conduct and show
all alacrity in taking an action in restoring the originality of the land
as recorded in the Record-of-Right.
9. It is inconceivable and improbable that the land earmarked
for cremation purposes shall be allowed to be used and/or utilized by
making any construction thereupon or by way of an encroachment
and it is the solemn duty of the Administration to take prompt and
immediate action against such irresponsible and incorrigible
encroachers.
10. Since the good sense has prevailed into the said Tahasildar
and a sign of remorse is also manifested, we expect that the
Tahasildar, Kanika will take immediate steps as permissible in law
on the basis of the report dated 2nd February, 2026 submitted by the
Sub-Collector, Kendrapara within four weeks from date.
11. Since the grievance raised in the instant writ petition has
been redressed and an appropriate action shall be taken as aforesaid,
there is no purpose of keeping the instant writ petition pending.
12. Accordingly, this writ petition is disposed of.
13. The personal appearance of the Tahasildar, Kanika is
dispensed with.
(Harish Tandon)
Chief Justice
(M.S. Raman)
Judge
Sisira
Signed by: SISIRA KUMAR BEHERA
Location: High Court of Orissa, Cuttack
Date: 04-Feb-2026 19:12:35
