Orissa High Court
Tulashi Malik v. State of Odisha
WP(C)/22868/2026
- Decision date
- 2026-07-29
- Text availability
- Full text
- Judges
- Chittaranjan Dash
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.22868 of 2026 CNR No. ODHC010541582026 1) Tulashi Malik ..... Petitioners 2) Laxmi Priya Malik Represented by Adv. - 3) Daliprava Malik Bijaya Kumar Behera 1 4) Shashadhar Malik -versus- 1) State Of Odisha ..... Opposite Parties 2) The Collector And District Represented by Adv. – Magistrate, Jajpur Biswabara Dash, ASC3) The Tahasildar, Dasarathpur CORAM: MR. JUSTICE CHITTARANJAN DASH ORDER 29.07.2026 Order No. 1. 1. The innocuous prayer made by the Petitioners in the present Writ Petition is for a direction to the authorities to consider and dispose of their representations submitted before the Tahasildar, Dasarathpur and the Collector, Jajpur, respectively, seeking settlement of a piece of land situated in Mouza-Jafarpur under Dasarathpur Tahasil under the "Basundhara Scheme", vide applications dated 13.04.2026. 2. Perusal of the Writ Petition and the documents annexed thereto reveals that a notice had been issued as Page 1 of 3.
back as in the year 2004 calling upon the Petitioners to appear before the Tahasildar, Dasarathpur and show cause as to why the land under their unauthorised occupation should not be dealt with in accordance with law by initiating eviction proceedings. Nothing has been stated in the Writ Petition to indicate that the Petitioners had ever filed any objection pursuant to the said notice or the outcome of the said proceeding. On the contrary, several notices have been annexed to the Writ Petition, which reveals that the Petitioners failed to appear before the competent authority in person or produced any supporting documents to avoid the eviction proceeding. Rather, the materials placed on record discloses that the Petitioners have deposited the penalty imposed in respect of the encroached land, thereby acknowledging their unauthorised occupation over the subject land.
3. Be that as it may, since the Petitioners have confined their prayer to a direction for consideration of their pending applications seeking settlement of the land under the "Basundhara Scheme", this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition at the stage of admission with a direction to Opposite Party No.3, or such other competent authority, to consider and dispose of the Petitioners' applications, if the same are otherwise maintainable and permissible under the "Basundhara Scheme" strictly in accordance with law, as expeditiously as possible, preferably within a period of Page 2 of 3. one month from the date of production of a certified copy of this order. (CHITTARANJAN DASH) Judge AKPradhan Signature Not Verified Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 31-Jul-2026 11:02:57 Page 3 of 3.