Bidyanand Badhai v. State of Odisha
Case brief
What is this about?
Orissa High Court, Cuttack; W.P.(C) 10262/2025; decision 17.04.2025; single judge Dr. Justice S.K. Panigrahi; petitioner Bidyanand Badhai (counsel Dhirendra Kumar Mohapatra); respondents State of Odisha & Ors. (ASC Smt. J. Sahoo); subject: notice of eviction dated 27.02.2025 by Tahasildar, Lakhanpur (Annexure-2); key points: statutory appellate remedy preferred over writ adjudication; notice not in Form 'Kha' ordered treated as Form 'Kha'; appeal with condonation-of-delay and interim-protection petitions permitted within fifteen working days; appellate authority to conclude hearing within three months; no coercive action pending interim application; outcome: writ petition disposed of; no statute sections or precedents cited in the order.
What did the court decide?
Writ petition not entertained on the writ route; instead the Petitioner was enabled to pursue the statutory appellate remedy: permission to file an appeal with condonation-of-delay and interim-protection petitions within fifteen working days, appellate authority to conclude hearings within three months, the defective notice ordered treated as Form 'Kha', and no coercive action pursuant to the eviction notice until the interim application is taken up by the Appellate Authority.