Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13163 of 2025
Bhuleswar Mahakul …. Petitioner Represented By Adv. Mr. Soumendra Pattanaik
-versus-
The Collector, Sundargarh & Anr. …. Opposite Parties Represented by ASC Ms. Gayatri Patra
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER 15.05.2025
01.
1. This matter is taken up through hybrid arrangement.
2. Heard.
3. The Petitioner has filed this Writ Petition challenging the eviction notice dated 27.03.2025 issued by the Tahasildar, Balisankara, District-Sundargarh to the Petitioner under form “Kha” at Annexure-5 Series.
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 dated 27.03.2025 issued p. 2p. 2 by the Tahasildar, Balisankara, District-Sundargarh at Annexure-5 Series. Hence, the Petitioner should approach the concerned Appellate Authority by filing appeal.
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 for interim protection before the appellate authority as per Section 12(1) 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 made clear that the Appellate Authority shall pass a reasoned order by giving a proper opportunity of hearing to the Petitioner and also opportunity of submitting all the relevant documents.
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. 3p. 3 27.03.2025 issued by the Tahasildar, Balisankara, District- Sundargarh at Annexure-5 Series.
8. Accordingly, the Writ Petition is disposed of.
(Dr. S.K. Panigrahi) Judge Sumitra