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2025 DAILYLAW 20675 (ORI)

BIKASH KUMAR PARIDA v. STATE OF ODISHA

WP(C)/6774/2025 · 2025-03-12

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.6774 of 2025 Bikash Kumar Parida …. Petitioner Represented By Adv. Mr. Pratik Nayak -versus- State of Odisha & Ors. …. Opposite Parties Represented by AGA Mr. Debasish Nayak CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 12.03.2025 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsels for the Parties. 3. In filing this Writ Petition, the Petitioner seeks a direction from this Court to the Opposite Parties to demolish the community center that is being built by encroaching the impugned plot which disrupts the right to passage of the Petitioner and other villagers. 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 of eviction i.e. Form ‘Kha’ under p. 2 p. 2 Annexure-1. Hence, the Petitioner should approach the concerned Appellate Authority. 5. In such view of the matter, 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 along with appeal 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 under Annxure-1. 7. Accordingly, the Writ Petition is disposed of. (Dr. S.K. Panigrahi) Judge Sumitra