IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15382 of 2025 Purna Chandra Das …. Petitioner Mr. M.R. Khatua, Advocate -versus- State of Odisha and Others …. Opposite Parties Ms. S. Pattanayak, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 03.06.2025 W.P.(C) No.15382 of 2025 & I.A. No.9058 of 2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned Counsel for the Petitioner so also Ms. S. Pattnayak, learned AGA, who accepts notice on behalf of the Opposite Parties and admits to have received copy of the writ petition with I.A. 3. The grievance of the Petitioner is that, being noticed in Encroachment Case No.159/2025, though he appeared before the Tahasildar, Bahanaga (O.P. No.4) on 08.05.2025 and filed his response vide Annexure-5 to the show cause notice dated 29.04.2025 at Annexure-4, on the very same day, without giving p. 2 p. 2 opportunity of hearing to the Petitioner, the impugned notice of eviction in Form ‘Kha’ at Annexure 6 has been issued. 4. That apart, the Petitioner is yet to be communicated with a copy of the said order, based on which Form ‘Kha’ has been issued directing him to vacate the suit land within 30 days of receiving the said notice. Hence, being remediless, the Petitioner has preferred the writ petition. 5. Ms. Pattanayak, learned State Counsel submits, impugned notice is based on the order passed in Encroachment Case No.159/2025, which is appealable under section 12(1) of the OPLE Act and the present writ petition is not maintainable. 6. Prima-facie, it reveals from pleadings coupled with documents annexed to the writ petition, on 08.05.2025, the Petitioner, on being noticed, though submitted his response to the show cause notice in Form ‘Ka’, on the very same day Form ‘Kha’ was issued, which is impugned in the present writ petition. 7. That apart, the said order passed in Encroachment Case No.159/2025 has not been communicated to the Petitioner enabling him to prefer an appeal in terms of section12(1) of the OPLE Act. p. 3 p. 3 8. Hence, on consent of the learned Counsel for the parties, the writ petition stands disposed of directing the Tahasildar, Bahanaga (O.P. No.4) to supply a copy of the order passed by him in Encroachment Case No.159/2025 to the Petitioner within seven days of receipt of the certified copy of this order enabling him to prefer an appeal under section 12(1) of the OPLE Act. 9. If the Petitioner prefers an appeal within 15 days of receipt of the said order from the Opposite Party No.4, the Appellate Authority shall do well to condone the delay, if any, and proceed further and dispose of the said appeal on merit in accordance with law giving opportunity to the Petitioner and will try to conclude the said proceeding at the earliest, preferably within a period of two months from the date of preferring such appeal. Till disposal of appeal, no coercive action shall be taken against the Petitioner. 10. Urgent certified copy of this order be granted on proper application as per rules. (Biraja Prasanna Satapathy) Vacation Judge Subrat