Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 28016 (ORI)

SOMANATH NANDI v. COLLECTOR, MAYURBHANJ

WP(C)/10132/2025 · 2025-04-16

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10132 of 2025 Somanath Nandi ..... Petitioner Mr. Prafulla Kumar Mohapatra, Advocate -versus- Collector, Mayurbhanj & Ors. ..... Opposite Parties Ms. Gayatri Patra, ASC CORAM: THE HON'BLE DR. JUSTICE S. K. PANIGRAHI Order No. ORDER 16.04.2025 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 order of eviction notice dated 29.03.2025 under Annexure-2 issued by the Opposite Party No.3/ Tahasildar, Betnoti. 4. During the 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 order under Annexure-2. Hence, Page 2 of 2. 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 the 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 concerned Appellate Authority as per Section 12(1) of the O.P.L.E. Act, within a period of 15 working days hence. In such event, 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 order under Annexure-2, issued by the Opposite Party No.3/ Tahasildar, Betnoti. 7. This Writ Petition is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Gitanjali