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2026 DAILYLAW 3603 (ORI)

NAKULA MALIPHULA v. STATE OF ODISHA

WP(C)/11432/2026 · 2026-04-17

B P Routray

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.11432 of 2026 Nakula Maliphula …. Petitioner Mr. A.K. Panda, Advocate -versus- State of Odisha, represented through its Commissioner-cum-Secretary, Revenue and Disaster Management Department and Others …. Opposite Parties Mr. G. Tripathy, AGA CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 17.4.2026 Order No. 01. 1. Heard Mr. A.K. Panda, learned counsel for the petitioner and Mr. G. Tripathy, learned AGA for State – opposite parties. 2. It is submitted on behalf of the petitioner that the Tahasildar has issued notice under Section 9 of the Odisha Prevention of Land Encroachment Act, 1972 (hereinafter referred as ‘the OPLE Act’) for taking action under Section 4 and 6 of said Act. But without mentioning initiation of any eviction proceeding under Section 7 of the OPLE Act, the opposite parties are now orally threatening him for eviction. 3. Accordingly the writ petition is disposed of at the stage of admission with a direction to the Tahasildar, Gunupur (O.P. No.4) to grant due opportunity of hearing to the petitioner before initiating eviction proceeding as per Section 7 of the OPLE Act and take decision, in accordance with law, within a period of six weeks from the date of receipt of certified copy of this order along with a copy of Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 17-Apr-2026 17:17:51 Signature Not Verified the writ petition. Till such decision is taken by Opposite Party No.4, the Petitioner may not be evicted from the case land. 4. An urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge M.K.Panda