The Court dismissed the writ petition challenging an eviction notice, granting liberty to file an appeal under the O.P.L.E. Act within three weeks while staying eviction during the appeal period.
Liberty to file appeal under O.P.L.E. Act within three weeks; stay on eviction of petitioner from land till appeal period expires.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.7402 of 2021
Panchu @ Panchanan Sahoo … Petitioner - Versus - State of Odisha & others … Opp. Parties
O R D E R
Heard learned counsel for the petitioner.
The petitioner has filed this writ petition challenging the eviction notice issued against him 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, he be protected from dispossession.
Considering the aforesaid facts and submissions made, this Court disposes of the writ
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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.
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RKS
1 issue framed by the court
Whether the petitioner has alternative statutory remedy regarding the eviction notice.
Panchu @ Panchanan Sahoo
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
