JYOTSNA RANI CHAINI v. COLLECTOR CUM DIST.MAGISTRATE, KEONJHAR
WP(C)/30942/2025 · 2025-10-31
S K Panigrahi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 69902 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69902 (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.30942 of 2025
Jyotsna Rani Chaini &. Petitioner(s) Mr. Partha Sarathi Das, Adv.
-versus- Collector-cum-District Magistrate, Keonjhar & Ors. &. Opposite Party(s)
Miss Gayatri Patra, ASC
CORAM:
HON9BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No.
ORDER 31.10.2025
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 issued by the Addl. Tahasildar, Telkoi vide Annexure-4.
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-4. 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: 06-Nov-2025 12:26:36 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 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-4.
7. This Writ Petition is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant