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2026 DAILYLAW 3704 (ORI)

HULAS DAS v. SUB COLLECTOR, BHUBANESWAR

WP(C)/5849/2026 · 2026-04-17

Chittaranjan Dash

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5849 of 2026 Hulas Das …. Petitioner Mr. T.K. Mandal, Advocate -versus- Sub Collector, Bhubaneswar & another …. Opp. Parties Mr. S.B. Panda, AGA CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 17.04.2026 01. 1. Heard learned counsel for the Parties. 2. By means of this application, the Petitioner seeks the following relief:- “Under the above circumstances, the petitioner, therefore, prayed your lordships to allow this writ application and further be pleased to direct the learned Tahasildar,Bhubaneswar to consider her representation dated 27.01.2027 under Annexure-3 for settlement of a portion of Govt.land under her possession under Khata No.123 Plot No.240 in Mauza Sahajpur Area AO.120 decimal as per Odisha land rights to slum Dwe"ers Rules, 2017 within a stipulated time fixed by this Hon'ble Court before proposed eviction to be taken up as against her for the ends of justice.” 3. As reveals from the case record pursuant to the eviction notice issued by the authority, the Petitioner had moved this Court in W.P.(C). No.29175 of 2025, wherein the Co-ordinate Bench of this Court, vide order dated 15.10.2025 observed as follows:- “3. In filing this Writ Petition, the Petitioner has challenged the notice of eviction dated 22.09.2025/Annexure-2 series issued by the Tahasildar, Bhubaneswar/Opposite Party No.4. Page 2 of 2 4. During course of hearing, learned counsel for the State submits that there is a clear statutory remedy of Appeal available against the impugned notice of eviction dated 22.09.2025/Annexure-2 series issued by the Tahasildar, Bhubaneswar/Opposite Party No.4. Hence, the Petitioner should approach the concerned Appellate Authority by filing appeal. 5. Since the eviction notice dated 22.09.2025 has not been issued in the format of form 'Kha' to the Petitioner, the said notice issued by the Tahasildar, Bhubaneswar vide Annexure-2 series be treated as Form 'Kha'. 6. 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 concerned appellate authority within a period of seven days from today. In such event, the appellate authority shall conclude the hearing within a period of fifteen days from the date of filing of the appeal. 6. It is further directed that till the interim application to be filed by the Petitioner is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned notice under Annexure-2 series issued by the Opposite Party No.4/ Tahasildar, Bhubaneswar. 7. This Writ Petition is, accordingly, disposed of.” 4. Subsequent thereto, the Petitioner, instead of pursuing his cause before the appellate authority as observed at Paragraph No.4 moved a representation. As such, the Petitioner has no cause as he did not pursue the direction issued by this Court. Hence, the Writ Petition is dismissed being devoid of merit. (Chittaranjan Dash) Judge Bijay