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2026 DAILYLAW 14971 (ORI)

SUNITA MANDAL v. THE TAHASILDAR, MAHAKALAPARA,KENDRAPARA

WP(C)/9194/2026 · 2026-05-01

Chittaranjan Dash

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.9194 of 2026 Sunita Mandal …. Petitioner Mr. Lambodar Pradhan, Advocate -versus- The Tahasildar, Mahakalapara, Kendrapara …. Opp. Party Mr. Jayant Khandayatray, ASC CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 01.05.2026 01. 1. Heard learned counsel for the parties. 2. By means of this application, the Petitioner seeks the following prayer:- “Under the aforesaid premises, the Petitioner therefore prayed that your lordships would be graciously pleased to issue Rule NISI by asking the Opposite Party to submit cause as to why the case land that is khata No.395 containing plot No.l07 (p) Ac.0.l3decs of Mouza Ramanagar, P.S/Tahasil - Mahakalapara , Dist- Kendrapara in encroachment case no. 97 /2013-14 would not be settled in favour of the Petitioner by disposing the show cause/petition dtd. 04.07.2013 like other encroachers. If the Opposite Party failed to submit cause or show insufficient cause then the above rule may kindly be made absolute. And /or pass any appropriate writ/writs, order/orders as think deem fit and proper” 3. As appears from the case record and the averments made in the application, the impugned notice is of dated 04.07.2013; whereas the present Writ Application has been filed after lapse of 12 years. Admittedly, there is inexplicable delay and latches on the part of the Petitioner. It is consistently held by the Hon’ble Apex p. 2 Court that the High Court should not exercise its extraordinary discretionary jurisdiction where there is inordinate delay and laches on the part of the Petitioner, who seek to espouse his cause rising from a deep slumber. In the instant case the Petitioner has been issued with the eviction notice in the year 2013. Instead of submitting to the authority by filing objection, the Petitioner with a hope to get respite from this court after lapse of more than 12 years knock the door through this Application. Besides, the subject matter in issue relates to the OPLE Act and the Petitioner has a remedy under the said statute to ventilate his grievance. Since adequate efficacious relief is available under the statute it is otherwise not desirable to entertain the application. 4. Keeping in view the aforesaid observation, the present application stands dismissed. (Chittaranjan Dash) Judge Priyanka