Single judge disposed of a writ petition challenging an eviction notice. Court held alternative statutory appeal exists. Granted liberty to file appeal while protecting petitioner from eviction during pending appeal.
Liberty to file appeal within three weeks; protection from eviction until expiry of limitation period or filing of appeal.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.7398 of 2021
Pankaj Sahoo … Petitioner
O R D E R
Heard learned counsel for the petitioner.
The petitioner has filed this writ petition challenging the eviction notice issued against her and seeking direction to the Tahasildar-O.P. No.5 not to evict the petitioner from the land in question pursuant to the notice under Annexure-4.
Against the said notice issued by Opposite Party No.5, the petitioner has an alternative statutory remedy under the O.P.L.E. Act in the form of an appeal which is not only speedy but also efficacious, hence, and for that when this Court was not inclined to entertain this writ petition filed seeking the aforesaid relief, learned counsel for the petitioner submits that liberty may be given to the petitioner to file an appeal before the appellate authority within a stipulated period but till then, she be protected from dispossession.
Considering the aforesaid facts and submissions made, this Court disposes of the writ
2
petition giving liberty to the petitioner to file an appeal before the appellate authority within three weeks hence challenging the order impugned if so advised. However, the petitioner shall not be evicted pursuant to the notice under Annexure-4, if not evicted already, till expiry of the aforesaid period or the appeal is preferred, whichever is earlier.
The delay in filing of the appeal shall not be counted as the order of Hon’ble the Supreme Court passed in Suo motu Writ Petition (Civil) No.03 of 2020 extending the limitation is in force.
Urgent certified copy of this order be granted on proper application.
………………….. S.Pujahari, J.
RKS
1 issue framed by the court
Whether the petitioner has an alternative statutory remedy regarding the eviction notice.
1 provisions across 1 enactments
Pankaj Sahoo
State of Odisha
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
