IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 3560 of 2025 Chitta Ranjan Praharaj ..…... Petitioner(s) Mr. Rajesh Kumar Mahapatra, Adv. -Versus- The State of Odisha & Ors. ………. Opposite Party (s) Ms. Gayatri Patra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 04.02.2025 Order No. 02. 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. In filing this Writ Petition, the Petitioner being an encroacher, has challenged the notice of eviction dated 07.12.2024 under Annexure-2 issued by the Opposite Party No.3/Tahasildar, Kukudakhandi in Encroachment Case No.4-151 of 2024. 4. During the course of hearing, learned counsel for the State submits that there is a clear statutory remedy of appeal available under Section 12(1) of the O.P.L.E. Act against the impugned notice under Annexure-2. Hence, the Petitioner should approach the concerned Appellate Authority. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 05-Feb-2025 19:56:18 Signature Not Verified 2 5. 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 the learned counsel for 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 protection before the concerned Appellate Authority as per Section 12(1) of the O.P.L.E. Act, within a period of 15 working days hence. In such event, the Appellate Authority shall conclude the hearing within a period of three months from the date of filing of the appeal. 6. 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 notice under Annexure-2 issued by the Opposite Party No.3/Tahasildar, Kukudakhandi. 7. This Writ Petition is, accordingly, disposed of. ( Dr. S.K. Panigrahi) Judge Murmu Designation: P.A.