IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.37641 of 2025 Raghab Chandra Giri …. Petitioner(s) Mr. Manas Kumar Chand, Adv. -versus- State of Orissa & Ors. …. Opposite Party(s) Smt. Sarita Moharana, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 05.01.2026 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 25.10.2025 issued by the Tahasildar, Telkoi in Encroachment Case No.154/2025-26 vide Annexure-2. 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-2. Hence, the Petitioner 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: 05-Jan-2026 18:33:14 Signature Not Verified 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 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 filling of the appeal at the instance of the Petitioner within the time stipulated hereinabove, no coercive action shall be taken against the Petitioner pursuant to the notice of eviction vide Annexure-2. 7. This Writ Petition is, accordingly, disposed of. 8. Looking to the urgency involved in this matter, this Court directs that downloaded copy of this order from the Website of this Court shall be treated as an authenticated copy. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant