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2025 DAILYLAW 78417 (ORI)

SATYABRATA BISWAL v. STATE OF ODISHA

WP(C)/34901/2025 · 2025-12-08

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.34901 of 2025 Satyabrata Biswal & Ors. …. Petitioner(s) Mr. Debasnan Das, Adv. Ms. Adyashakti Priya, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Rajdeep Pradhan, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 08.12.2025 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 issued by the Tahasildar, Kantapada vide Annexure-2 (series). 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 (series). 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, Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Dec-2025 17:00:39 Signature Not Verified considering the request of learned counsel for the Petitioners, this Court permits the Petitioners to file their respective appeals along with petitions for condonation of delay, if any, so also petitions 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 applications to be filed by the Petitioners are taken up, no coercive action shall be taken against the Petitioners pursuant to the impugned notice of eviction vide Annexure-2 (series). 7. This Writ Petition is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant