Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 56590 (ORI)

BHAGABAN BAISAKHA v. STATE OF ODISHA

WP(C)/25218/2025 · 2025-09-24

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25218 of 2025 Bhagaban Baisakha & Anr. …. Petitioner(s) Mr. Dharmendra Sethy, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Smt. Sarita Maharana, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 24.09.2025 01. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioners alleged to be encroachers have challenged the notice of eviction dated 05.07.2025/ Annexure-1 issued by the Tahasildar, Oupada/ Opposite Party No.3. 3. Heard learned counsel for the Parties. 4. During course of hearing, learned counsel for the State, at the outset, submits that there is a clear statutory remedy of appeal available under the O.P.L.E Act against the impugned notice of eviction vide Annexure-1. Hence, the Petitioners should approach the 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 learned counsel for the Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-Sep-2025 19:05:50 Signature Not Verified Petitioners, this Court permits the Petitioners 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 the provision under the O.P.L.E Act, within a period of fifteen working days hence. In such event, the Appellate Authority shall conclude the hearing after providing adequate opportunity of hearing to the parties concerned 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 Petitioners is taken up, no coercive action shall be taken against the Petitioners pursuant to the impugned notice of eviction vide Annexure-1. 7. This Writ Petition is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant