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2025 DAILYLAW 27357 (ORI)

TANUJA SETHY @ SETHI v. STATE OF ODISHA

WP(C)/9801/2025 · 2025-04-08

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.9801 of 2025 Tanuja Sethy @ Sethi …. Petitioner(s) Mr. Samarendra Bahadur, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Miss Gayatri Patra, ASC CORAM: HON’BLE DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 08.04.2025 02. 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 dated 25.03.2025 issued by the Tahasildar, Niali/Opposite Party No.4 in Encroachment Case No.4-390/22-23/22-23 vide Annexure-4. 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 Annexure-4. 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 Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 08-Apr-2025 16:48:53 Signature Not Verified a petition for condonation of delay, if any, so also a petition 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 Annexure-4. 7. This Writ Petition is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant