Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.7284 of 2025
Shiva Kartta …. Petitioner(s) Mr. Prasanta Kumar Satapathy, Adv.
-versus-
State of Odisha & Ors. …. Opposite Party(s)
Mr. Sonak Mishra, ASC
CORAM:
HON’BLE DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER 13.03.2025
01.
1. This matter is taken up through hybrid arrangement.
2. In filing this Writ Petition, the Petitioner being an encroacher has challenged the notice of eviction issued by the Tahasildar, Lakhanpur/Opposite Party No.4 in OPLE Case No.410/2024-25 vide Annexures-1 & 7.
3. Heard learned counsel for the Parties.
4. During course of hearing, learned counsel for the State, at the outset, submits that there is a clear statutory remedy of appeal available under the O.P.L.E Act against the impugned notice of eviction vide Annexures-1 & 7. Hence, the Petitioner should approach the 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 Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 13-Mar-2025 15:59:42 Signature Not Verified
for interim protection before the concerned Appellate Authority as per the provision under 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 vide Annexures-1 & 7.
7. This Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant Signature Not Verified