An encroacher challenged an eviction notice (Form-Kha) issued by the Tahasildar, Udala, via writ petition. The court declined to entertain it, noting an appeal remedy under the O.P.L.E. Act, and permitted filing of an appeal with condonation-of-delay and interim-protection petitions within fifteen working days.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21543 of 2024
Sumati Mani Sahu …. Petitioner(s) Miss R.R. Pradhan, Adv.
-versus-
State of Odisha & Ors. …. Opposite Parties Mr. Debasis Mohapatra, ASC
CORAM:
Order
No.
DR. JUSTICE S.K. PANIGRAHI ORDER 03.09.2024
1 . This matter is taken up through hybrid arrangement.
2 . In filing this Writ Petition, the Petitioner being an encroacher, has challenged the notice of eviction(FormKha)/Annexure-2 issued by the Tahasildar, Udala/ Opposite Party No.3.
3 . On perusal of the averments made in this Writ Petition, this Court finds that there is a clear statutory remedy of Appeal available under the O.P.L.E. Act against the notice of eviction(Form-Kha)/Annexure-2.
4. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, considering the request of learned counsel for the Petitioner, this Court permits the Petitioner to file an appeal along with a
petition for condonation of delay, if any, so also a petition for Signature Not Verified Digitally SignedSigned by: AYASKANTA JENA interim protection before the appellate authority as per the Designation: Personal Assistant Reason: Authentication Location: High Court of OrissaDate: 04-Sep-2024 17:14:30 pr ov ision of the O.P.L.E. Act, within a period of fifteen working days hence.
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Ayaskanta
5. It is further directed that till the interim application to be filed by the Petitioner is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned notice of eviction (Form-Kha)/ Annexure-2.
6. It is also made clear that if the Petitioner does not file the appeal along with the above noted petitions within the time stipulated hereinabove, the authority concerned shall not entertain the interim prayer at all.
7. This Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi) Judge
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Sep-2024 17:14:30
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1 issue framed by the court
Whether a writ petition by an encroacher challenging an eviction notice (Form-Kha) is maintainable when a statutory appeal remedy exists under the O.P.L.E. Act.
1 provisions across 1 enactments
Sumati Mani Sahu
State of Odisha & Ors.
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
