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2025 DAILYLAW 19059 (ORI)

BASANTA RAGADA v. STATE OF ODISHA

WP(C)/5849/2025 · 2025-04-09

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5849 of 2025 Basanta Ragada …. Petitioner Represented By Adv. Mr. Santosh Kumar Rout -versus- State of Odisha & Ors. …. Opposite Parties Represented by AGA Mr. Debasish Nayak CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 09.04.2025 03. 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. In filing this Writ Petition, the Petitioner has challenged the notice of eviction dated 12.02.2025 issued by the Tahasildar, Sadar, Cuttack/Opposite Party No.2 vide Annexure-7. 4. During course of hearing, learned counsel for the State submits that there is a clear statutory remedy of Appeal available against the impugned notice of eviction dated 12.02.2025 issued by the Tahasildar, Sadar, p. 2 p. 2 Cuttack/Opposite Party No.2 vide Annexure-7. Hence, the Petitioner should approach the concerned Appellate Authority by filing appeal. 5. Since the eviction notice dated 12.02.2025 has not been issued in the format of form ‘Kha’ to the Petitioner, the said notice issued by the Tahasildar, Sadar, Cuttack/Opposite Party No.2 vide Annexure-7 be treated as Form ‘Kha’. 6. 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 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. 7. It is further directed that till the interim application to be filed by the Petitioner is taken up by the Appellate Authority, no coercive action shall be taken against the Petitioner pursuant to the notice of eviction dated p. 3 p. 3 12.02.2025 issued by the Tahasildar, Sadar, Cuttack/Opposite Party No.2 under Annexure-7. 8. Accordingly, the Writ Petition is disposed of. (Dr. S.K. Panigrahi) Judge Sumitra