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2025 DAILYLAW 58882 (ORI)

PRATIMA SAHOO v. STATE OF ODISHA

WP(C)/27289/2025 · 2025-09-24

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.27289 of 2025 Pratima Sahoo …. Petitioner(s) Mr. Dhirendra Kumar Das, Adv. -versus- The 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 Petitioner alleged to be an encroacher has challenged the notice of eviction dated 03.09.2025 /Annexure-6 issued by the Tahasildar, Kishorenagar. 3. Heard learned counsel for the Parties. 4. Challenging the notice of eviction vide Annexure-6, learned counsel for the Petitioner submits that the Tahasildar, Kishorenagar without affording opportunity of hearing and issuing Form-KA as per the provision under the OPLE Act to the Petitioner, has straightway issued the notice of eviction vide Annexure-6 to him. He, accordingly, prays for allowing the prayer made in this Writ Petition. 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 p. 2 5. Considering the above submission made on behalf of the Petitioner and since no opportunity of hearing has been provided to the Petitioner prior to issuance of the notice of eviction vide Annexure-6, this Court directs that the present notice of eviction vide Annexure-6 shall be treated as “Form Kha” as per the provision under the OPLE Act. At this juncture, this Court considering the request of learned counsel for the Petitioner, also 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 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 Petitioner is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned notice of eviction vide Annexure-6. 7. This Writ Petition is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant