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2025 DAILYLAW 80974 (ORI)

MURALIDHAR BEHERA v. STATE OF ODISHA

WP(C)/36278/2025 · 2025-12-19

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.36278 of 2025 Muralidhar Behera …. Petitioner(s) Mr. Srinibas Khandai, Adv. -versus- The State of Odisha & Ors. …. Opposite Party(s) Mr. Bibekananda Nayak, AGA CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 19.12.2025 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 29.11.2025 issued by the Tahasildar, Jatni 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: 19-Dec-2025 20:04:04 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. This Writ Petition is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant