The High Court dismissed the writ petition challenging an eviction notice under the O.P.L.E. Act, granting the petitioner liberty to file an appeal and stay enforcement until the appeal period expires.
Liberty to file an appeal within fifteen days; stay on coercive eviction and demolition actions until expiration of the appeal period or filing of appeal.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.7474 of 2021
Ganesh Khora … Petitioner - Versus - State of Odisha & others… Opp. Parties
O R D E R
Heard learned counsel for the petitioner.
This writ petition has been filed by the petitioner challenging the eviction notice issued by the Tahasildar, Koraput (Opposite Party No.4) under Section 9/7(1) of the O.P.L.E. Act vide E.C. Case No.4-71 of 2021 directing his eviction from the Government land i.e. Plot No.238 appertaining to Khata No.125 of Dangadeulo Mouza under TahasilKoraput in the district of Koraput.
It is the case of the petitioner that he being a slum dweller, is entitled to the settlement of the same as he has been granted a certificate issued under the Usha Survey Yojana, a scheme formulated under Odisha Land Rights to Slum Dwellers Rules 2017 but, without any due regard to the same, an order of eviction has been passed against him. Therefore, he has come to this Court challenging the same and prays to quash the notice of eviction as well as the proceeding initiated against him.
2
Against the order of eviction passed by opposite party, since 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 when this Court was not inclined to entertain this writ petition seeking the relief, learned counsel for the petitioner submits that liberty may be given to the petitioner to file an appeal before the appellate authority within fifteen days hence and till then the petitioner may be protected.
Considering the aforesaid facts and submissions made, this Court disposes of the writ petition giving liberty to the petitioner to file an appeal before the appellate authority within fifteen days hence challenging the order of eviction impugned, but no coercive action shall be taken against the petitioner for his eviction or demolition of the structure made by him on the land in question including the amenities such as, electricity connection or water supply till expiry of the aforesaid period or the appeal is preferred, whichever is earlier. Urgent certified copy of this order be granted on proper application.
………………….. S.Pujahari, J.
PKS
1 issue framed by the court
Whether the writ petition challenging the eviction notice should be entertained given the availability of an alternative statutory appeal remedy.
1 provisions across 1 enactments
Ganesh Khora
State of Odisha
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
