IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.8802 of 2026 Raju Dehury …. Petitioner Mr. A. K. Panigrahi, Advocate -versus- State of Odisha & others …. Opposite Parties Mr. S.N. Biswal, ASC CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 05.05.2026 01. This matter is taken up through hybrid mode. 2. Heard Mr. Panigrahi, learned Counsel for the Petitioner so also Mr. Biswal, learned ASC, who accepts notice on behalf the Opposite Parties and admits to have received copy of the writ petition. 3. Impugned is the order dated 28.08.1993 passed in Appeal Case No.22/1990 by the Sub-Collector, Angul under Section 12(1) of the Orissa Prevention of Land Encroachment Act, 1972, for brevity, ‘the Act, 1972’. 4. Mr. Biswal, learned ASC for the State-Opposite Parties submits, the writ petition is not maintainable as the impugned order is revisable under Section 12(2) of the Act, 1972. 5. Per contra, Mr. Panigrahi, learned Counsel for the Petitioner submits, since the impugned order passed by the learned Appellate Authority is illegal and passed behind the back of the Petitioner, even if there is an alternative remedy under Section 12(2) of the Act, 1972, the writ petition is maintainable. 6. After hearing learned Counsel for the parties, this Court disposes of the writ petition giving liberty to the Petitioner to prefer a Revision under Section 12(2) of the Act, 1972 along with an application for condonation of delay in terms of proviso to Section 13(2) of the Act, 1972. 7. It is made clear that if a Revision is preferred along with an application for condonation of delay before the Collector, Angul (Opposite Party No.2) within three weeks hence, he shall do well to deal with and dispose of the said applications in accordance with law. 8. Urgent certified copy be granted on proper application as per rule. Kanhu (S.K. MISHRA) JUDGE Designation: JUNIOR STENOGRAPHER Location: High Court of Orissa, Cuttack.