Authority: High Court of Odisha at Cuttack
Order Date: 20 August 2026
Case Overview
- Petitioner: Mohan Barik, represented by Advocate Trilochan Dash, filed W.P.(C) No. 26411 of 2026 challenging an eviction notice dated 10‑Aug‑2026 issued by the Tahasildar, Vyasanagar (Opposite Party No.3) on behalf of the State of Odisha.
- The eviction notice was not issued in the prescribed Form ‘Kha’; the Court treated the notice as Form ‘Kha’ for procedural purposes.
- The State argued that a clear statutory remedy of appeal exists against the notice, and therefore the petitioner should approach the concerned appellate authority.
Final Outcome
- The Court declined to entertain the writ petition but, considering the petitioner's request, permitted filing of an appeal together with a petition for condonation of delay and an interim protection application within fifteen days from the order date.
- The appellate authority is directed to conclude the hearing within fifteen days of the appeal filing.
- Until the interim application is taken up, no coercive action may be taken against the petitioner under the impugned notice.
- The writ petition is disposed of.
Topics: Eviction Notice, Appeal Procedure