IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5413 of 2025 Basanti Kudei …. Petitioner Represented By Adv. Mr. Arijeet Mishra -versus- The Collector, Sambalpur & Anr. …. Opposite Parties Represented by AGA Mr. Saswat Das CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 03.03.2025 01. 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 06.02.2025/Annexure-1 issued by the Tahasildar, Sambalpur/Opposite Party No.2 in Encroachment Case No.4-238/2025. 4. During 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 dated 06.02.2025/Annexure-1. Hence, the Petitioner should approach the concerned Appellate Authority. 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 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 appellate authority as per the provision of the O.P.L.E. Act, within a period of fifteen 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 of eviction dated 06.02.2025/Annexure-1 issued by the Tahasildar, Sambalpur/Opposite Party No.2. 7. Accordingly, the Writ Petition is disposed of. (Dr. S.K. Panigrahi) Judge Sumitra