Authority: High Court of Odisha at Cuttack
Order Date: 11 September 2026
Case Overview
- Petitioner: Kirtan Pradhan on behalf of Mr. Jyotirmaya Sahoo, represented by counsel, challenged the eviction notice issued by the Tahasildar, Tangi, in Encroachment Case No.85/26‑27 (Annexure‑2).
- Opposite parties: State of Odisha and others, represented by Mr. Tej Kumar, ASC.
- The petition sought relief from the eviction notice alleging encroachment.
- The State counsel argued that a statutory remedy of appeal exists under the O.P.L.E Act, and the petitioner should approach the appellate authority.
Court Reasoning
- The Court noted the availability of a specific appeal mechanism under the O.P.L.E Act and therefore declined to entertain the writ petition.
- However, acknowledging the petitioner's request, the Court permitted filing of an appeal together with a petition for condonation of delay and an interim protection application before the appellate authority.
Directions
1. The petitioner must file the appeal, condonation petition, and interim protection petition within fifteen (15) working days from the order date.
2. The appellate authority is required to conclude the hearing, providing adequate opportunity to both parties, within three (3) months of the appeal filing.
3. No coercive action shall be taken against the petitioner under the impugned eviction notice until the interim application is taken up.
Final Outcome
- The writ petition is disposed of; the matter is to be pursued through the statutory appeal route under the O.P.L.E Act, with interim protection in place pending the appeal.
Topics: Land Encroachment, Judicial Appeal, Statutory Remedy