Shankar Mohanandia Vs State of Orissa — Orissa HC (2025) — LawSathi Research

Shankar Mohanandia Vs State of Orissa — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without entertaining it on merits; liberty granted to the Petitioner to file a revision under the O.P.L.E Act, with a petition for condonation of delay, if any, and a petition for interim protection, before the concerned Revisional Authority within fifteen working days; the Revisional Authority directed to conclude the hearing within thirty working days of filing after adequate opportunity of hearing; and no coercive action to be taken against the Petitioner pursuant to the impugned order dated 14.09.2016 till disposal of the revision.

Issue for consideration

Whether the writ petition challenging the rejection of the Petitioner's encroachment appeal should be entertained despite the availability of a statutory remedy of revision under the O.P.L.E Act.

Court's answer

In view of the clear statutory remedy of revision available under the O.P.L.E Act against the impugned order dated 14.09.2016, the Court is not inclined to entertain the prayer made in the writ petition; the Petitioner should approach the concerned Revisional Authority.

Ratio / Principle

Considering the request of learned counsel for the Petitioner, the Court permits the Petitioner to file a revision under the O.P.L.E Act, along with a petition for condonation of delay, if any, and a petition for interim protection, before the concerned Revisional Authority.

Key takeaways

The revision is to be filed within fifteen working days, and the Revisional Authority shall conclude the hearing within thirty working days from the date of filing, after providing adequate opportunity of hearing to the parties concerned.ratio¶20
As interim protection, until disposal of the revision to be filed by the Petitioner, no coercive action shall be taken against the Petitioner pursuant to the impugned order dated 14.09.2016 passed in the Encroachment Appeal.ratio¶21

Detailed headnote1 paragraphs

Alternative remedy — writ petition by person alleged to be an encroacher against Sub Collector's order dated 14.09.2016 rejecting his appeal in Encroachment Appeal No.5 of 2015 (Sadar, Sundargarh): Court declined to entertain the writ petition since a clear statutory remedy of revision was available under the O.P.L.E Act. Petitioner permitted, on his request, to file a revision before the concerned Revisional Authority within fifteen working days along with a petition for condonation of delay, if any, and a petition for interim protection; Revisional Authority to conclude the hearing within thirty working days of filing after affording adequate opportunity of hearing. Till disposal of such revision, no coercive action to be taken against the Petitioner pursuant to the impugned order. Writ petition disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.1977 of 2017

Shankar Mohanandia

…. Petitioner(s) Mr. S.C. Mekap, Adv.

-versus-

…. State of Odisha & Ors. Opposite Party(s) Miss Gayatri Patra, ASC

CORAM:

HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI

Order ORDER

No. 03.12.2025

1 . This matter is taken up through hybrid arrangement.

2. This matter was not in today’s list. On being mentioned, this matter is taken up through Special Notice.

3 . In filing this Writ Petition, the Petitioner alleged to be an encroacher has challenged the order of rejection of the appeal dated 14.09.2016 passed by the learned SubCollector, Sadar, Sundargarh in Encroachment Appeal No.5 of 2015.

4. Heard.

Signature Not Verified

5. During course of hearing, learned counsel for the State, at the outset, submits that there is a clear statutory remedy of revision available under the O.P.L.E Act against the impugned order dated 14.09.2016. Hence, the Petitioner should approach the concerned Revisional Authority.

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Oris sa Date: 03-Dec-2025 18:54:20

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6. 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 a revision along with a petition for condonation of delay, if any, so also a petition for interim protection before the concerned Revisional Authority as per the provision under the O.P.L.E Act, within a period of fifteen working days hence. In such event, the Revisional Authority shall conclude the hearing after providing adequate opportunity of hearing to the parties concerned within a period of thirty working days from the date of filing of the Revision.

7. It is further directed that till disposal of the revision to be filed by the Petitioner, no coercive action shall be taken against the Petitioner pursuant to the impugned order dated 14.09.2016 passed the above noted Encroachment Appeal.

8. This Writ Petition is, accordingly, disposed of.

Ayaskanta

Signature Not Verified

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Oris sa Date: 03-Dec-2025 18:54:20

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