IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 21234 of 2025 Damodar Ghadei ..…... Petitioner(s) Mr. Abinash Routray, Adv. -Versus- The Collector, Jajpur & Ors. ………. Opposite Parties Mr. Debasish Nayak, AGA CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 31.07.2025 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. In filing this Writ Petition, the Petitioner being an encroacher, has challenged the eviction notice dated 23.07.2025 under Annexure-4 issued by the Opposite Party No.3/Tahasildar, Dharmasala in E.C. No.42/2025-26. 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 notice under Annexure-4. Hence, the Petitioner should approach the Appellate Authority/Sub-Collector, Jajpur. 5. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, considering the Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 31-Jul-2025 19:07:11 Signature Not Verified 2 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 Appellate Authority/Sub-Collector, Jajpur as per Section 12(1) of the O.P.L.E. Act, within a period of three weeks hence. In such event, the Sub-Collector, Jajpur 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 under Annexure-4 issued by the Opposite Party No.3/Tahasildar, Dharmasala. 7. This Writ Petition is, accordingly, disposed of. ( Dr. S.K. Panigrahi) Judge Murmu Designation: Personal Assistant