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2025 DAILYLAW 40985 (ORI)

BIREN DALAI v. STATE OF ODISHA

WP(C)/16677/2025 · 2025-06-19

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16677 of 2025 Biren Dalai …. Petitioner Represented By Adv. Mr. Ashis Kumar Mishra -versus- State of Odisha & Ors. …. Opposite Parties Represented by ASC Mr. Sanjay Rath CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 19.06.2025 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 11.05.2025 issued by the Tahasildar, Balangir under form ‘Kha’ at Annexure-4. 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 p. 2 p. 2 the impugned notice of eviction dated 11.05.2025 under form “Kha” issued by the Tahasildar, Balangir. 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 one week hence. In such event, the appellate authority shall conclude the hearing within a period of one month 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 appeal is decided by the Appellate Authority, no coercive action shall be taken against the Petitioner pursuant to the notice of eviction p. 3 p. 3 dated 11.05.2025 under form “Kha” issued by the Tahasildar, Balangir. 8. Accordingly, the Writ Petition is disposed of. (Dr. S.K. Panigrahi) Judge Gitanjali