p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2055 of 2025 Mihir Jena …. Petitioner(s) Mr. D.P. Nanda, Sr. Adv. along with associates -versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Saswat Dash, AGA CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 21.01.2025 01. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner being an encroacher, has challenged the order of eviction dated 13.01.2025 passed by the Tahasildar, Niali /Opposite Party No.4. 3. At the outset, learned counsel for the State submits that since there is a clear statutory remedy of Appeal available against the order of eviction dated 13.01.2025, the Petitioner instead of preferring this Writ Petition, should prefer an appeal. 4. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, considering the request of learned Senior Advocate appearing on behalf of the Petitioner, this Court permits the Petitioner to file an appeal along with a petition for condonation of delay, if any, so also a petition for interim Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 21-Jan-2025 18:06:25 Signature Not Verified p. 2 protection before the appellate authority within a period of two weeks hence. 5. It is further directed that till the interim application to be filed by the Petitioner is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned order of eviction dated 13.01.2025. 6. It is also made clear that if the Petitioner does not file appeal along with the above noted petitions within the time stipulated hereinabove, the authority concerned shall not entertain the interim prayer at all. 7. This Writ Petition is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant