IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17655 of 2017 Laxmikanta Barik …. Petitioner None -versus- Collector and District Magistrate and another …. Opp. Parties Mr. Saroj Kumar Jee, AGA CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 05.03.2026 01. 1. By means of this application, the Petitioner prays for the following relief: “It is therefore prayed that, your Lordships would graciously be pleased to issue a Rule, NISI calling upon the Opp. Parties to show cause as to why the writ of Mandamous Or any other Writ/Writs/Order/orders/direction/directions shall not be issued to the opp. Parties for not demolishing Or evicting the petitioner form their rightful possession as aforesaid and opp. Parties may be directed to settle the land in their favour Or lease may be granted in their favour of the said land; AND the impugned notice dated 15.07.2017 issued in Form-A, under Annexure-1 and the impugned notice dated 24.07.2017 issued in Form-B which is bad, wrong, illegal, arbitrary and untenable in the eye of law and is liable to be quashed and accordingly the notice has issued under Annexure-1 and 2 may be quashed and further chance may be given to the Petitioner to put-forth his claim before the opposite parties.” 2. When the matter is called, none remained present for the Petitioner. 3. The issue relates to eviction from a piece of land which is admittedly under the illegal possession of the Petitioner, in respect of which notice under the OPLE Act was issued and penalty has also been paid. The prayer made in the writ petition appears to have lost its significance, particularly considering the fact that the matter pertains to the year 2017 and no interim order has been passed. The issue having arisen under the statute and there is elaborate provision made to deal with matter relating to eviction under the Statute including Appeal provision, in absence of any document or material to ascertain that the Petitioner has cause of action to proceed in the writ, it is not necessary to keep the application alive. The writ application, accordingly stands disposed of with liberty to the Petitioner to approach the Appellate Authority under the statute (OPLE Act). The period of limitation to prefer Appeal shall be dealt with by the Appellate Authority, if any appeal is presented, in accordance with law keeping in mind the pendency of the writ application. (Chittaranjan Dash) Judge AKPradhan Designation: Senior Stenographer