Abanti Sahoo v. State of Odisha
Case brief
What is this about?
Alternate-remedy disposal of a writ challenge to Tahasildar eviction proceedings. Keywords: Odisha Prevention of Land Encroachment Act, 1972, Section 12(1); Form 'KA'; Form 'KHA'; Encroachment Case No.100/2024; Tahasildar Kankadahad; Sub-Collector as Appellate Authority; government land; Plot No.1633, Khata No.358, Mouza-Sasapasi, District-Dhenkanal; show cause; opportunity of hearing denied; no coercive action; writ disposed 04.09.2024; Judge Dr. S.K. Panigrahi; counsel Rajesh Ranjan Sahoo for Petitioner, AGA D. Mund for State. Useful when researching referral of encroachment-eviction grievances to the statutory appellate forum and interim protection from eviction pending appeal.
What did the court decide?
Writ petition disposed of by directing the Petitioner to avail the statutory appellate remedy under Section 12(1) of the Odisha Prevention of Land Encroachment Act, 1972 before the Appellate Authority/Sub-Collector within fifteen days of presentation of an authenticated copy of the order, with a concurrent direction that no coercive action be taken against her until the Appellate Authority takes up the case.