SUSHANT SUTAR @ HEMANTA KUMAR SUTAR v. STATE OF ODISHA
WP(C)/27444/2025 · 2025-09-24
S K Panigrahi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 58596 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58596 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 27444 of 2025
Sushant Sutar @ Hemanta Kumar Sutar
..…... Petitioner(s) Mr. Ashok Kumar Sarangi, Adv. -Versus-
State of Odisha & Ors.
………. Opposite Party(s) Ms. Gayatri Patra, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER 24.09.2025
Order No.
04.
1. This matter is taken up through hybrid arrangement.
2. Heard.
3. In filing this Writ Petition, the Petitioner has challenged the notice of eviction dated 10.09.2025 issued by the Tahasildar, Banei/Opposite Party No.3 vide Annexure-1.
4. During course of hearing, learned counsel for the State submits that there is a clear statutory remedy of Appeal available against the impugned notice of eviction dated 10.09.2025 issued by the Tahasildar, Banei/Opposite Party No.3 vide Annexure-1. Hence, the Petitioner should approach the concerned Appellate Authority by filing appeal. Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 24-Sep-2025 20:16:18 Signature Not Verified
2
5. Since the eviction notice dated 10.09.2025 has not been issued in the format of form ‘Kha’ to the Petitioner, the said notice issued by the Tahasildar, Banei /Opposite Party No.3 vide Annexure-1 be treated as Form ‘Kha’.
6. 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 within a period of fifteen working days hence. In such event, the appellate authority shall conclude the hearing within a period of fifteen days from the date of filing of the appeal.
7. It is further directed that till the appeal is disposed of by the Appellate Authority, no coercive action shall be taken against the Petitioner pursuant to the notice of eviction dated 10.09.2025 issued by the Tahasildar, Banei/Opposite Party No.3 vide Annexure-1.
8. Accordingly, the Writ Petition is disposed of.
( Dr. Sanjeeb K. Panigrahi) Judge Murmu Designation: Personal Assistant