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2025 DAILYLAW 8652 (ORI)

PARAMANANDA NAIK v. STATE OF ODISHA

WP(C)/1285/2025 · 2025-01-28

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.1285 of 2025 Paramananda Naik …. Petitioner Represented By Adv. Mr. Gokulananda Padhi -versus- State of Odisa & Ors. …. Opposite Parties Represented by ASC Smt. J. Sahoo CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 28.01.2025 01. 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. The Petitioner being a landless person has filed this Writ Petition seeking a direction from this Court to the Opposite Party No.2/Tahasildar, Cuttack Sadar to settle the land in question in his favour. 4. At the outset, learned counsel for the State submits that there is a clear statutory remedy of Appeal available under the O.P.L.E. Act against the notice of eviction/Annexure-2. 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 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 appellate authority as per the provision of the O.P.L.E. Act, within a period of fifteen working days hence. It is also made clear that if the Petitioner so advised, he may file an appropriate application as per the provision under Section 8-A of the O.P.L.E. Act for settlement of the land in question. 6. It is further directed that till the interim application along with appeal 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/Annexure-2. 7. It is made clear that if the Petitioner does not file appeal along with the above noted petitions within the time stipulated hereinabove, the authority concerned shall not entertain the interim prayer at all. 8. Accordingly, the Writ Petition is disposed of. (Dr. S.K. Panigrahi) Judge Sumitra