Orissa High Court
Ranjan Kumar Mahapatra vs State Of Odisha And Others …. Opp. … on 20 February, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 3509 OF 2026
Ranjan Kumar Mahapatra .... Petitioner
Mr. Kishore Ch. Rajguru Mohapatra, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. S.N. Biswal, ASC
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 20.02.2026
01. 1. This matter is taken up through hybrid mode.
2. Let a copy of the writ petition be served on Mr. Lalit Kumar
Moharana, learned counsel for the Commissioner of Endowments
by 23.02.2026.
3. Put up this matter on 13th March 2026 indicating the name
of Mr. Moharana in the cause list.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
I.A. No. 1669 of 2026
02. 1. This is an application for stay of further proceeding
pursuant to the impugned order under Annexur-1 and the notice
under Annexure- 9 till the next date.
2. It is submitted by Mr. Rajguru Mohapatra, learned counsel
for the petitioner that although the land in question belongs to the
deity, namely, Sri Damuni Thakurani Bije, At/P.O. Rajsunakhala in
the district of Nayagarh and an order under section 25 of the
Odisha Hindu Religious Endowments Act, 1951 (for brevity, “the
Act, 1951”) has been passed for eviction, but the Tahasildar,
Ranpur misconstruing it to be a Government land, initiated a
proceeding under Section 7 of the Odisha Prevention of Land
Encroachment Act, 1972 (for brevity, “the Act, 1972) and passed
order for eviction and issued the notice in L.E. Case No. 172 of
2025-26 under Annexure-9.
3. Prima facie, it appears that the land in question belongs to
the deity, namely, Sri Damuni Thakurani Bije, At/P.O.
Rajsunakhala and an order under Section 25 of the Act, 1951 has
been passed. Thus, the proceeding under the Act, 1972 may not be
maintainable in the instant case.
4. Accordingly, this Court directs that the order of eviction
passed by the Tahasildar, Ranpur in L.E. Case No. 172 of 2025-26
under Annexure-9 shall remain stayed till the next date.
Issue urgent certified copy as per Rules.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
PKSahoo
Signature Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 23-Feb-2026 12:08:26
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