Disposed¶23

Avaya Kumar Jena v. State of Odisha

Orissa HC10 Nov 2025WP(C)/31546/2025

Case brief

AI extract

What is this about?

Eviction notice; encroacher/petitioner Avya Kumar Jena; Tahasildar Delang; Annexure-2 notice dated 27.10.2025; alternative statutory remedy; Section 12(1) O.P.L.E. Act; Appellate Authority/Sub-Collector Puri; condonation of delay; interim protection; no coercive action; writ petition disposed; High Court of Orissa at Cuttack; Dr. Sanjeeb K Panigrahi; 10.11.2025.

What did the court decide?

Writ petition disposed of with liberty to file an appeal under Section 12(1) of the O.P.L.E. Act before the Appellate Authority/Sub-Collector, Puri within 15 working days (with condonation-of-delay and interim-protection petitions); Appellate Authority to conclude hearing within three months of filing; no coercive action pursuant to the Annexure-2 notice until the interim application is taken up. ¶23

Avaya Kumar Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the writ petition challenging the eviction notice dated 27.10.2025 (Annexure-2) issued by the Tahasildar, Delang should be entertained when a statutory appeal remedy under Section 12(1) of the O.P.L.E. Act is available.

¶15

Court's answer

The Court declined to entertain the prayer made in the writ petition, having regard to the statutory remedy of appeal available under Section 12(1) of the O.P.L.E. Act against the impugned notice.

¶21

Ratio / Principle

The Petitioner is permitted to file an appeal, together with a petition for condonation of delay (if any) and a petition for interim protection, before the Appellate Authority/Sub-Collector, Puri as per Section 12(1) of the O.P.L.E. Act.

¶21

Key takeaways

The appeal is to be filed within 15 working days, and upon such filing the Appellate Authority shall conclude the hearing within three months from the date of filing of the appeal.ratio¶21
Until 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 under Annexure-2.ratio¶22

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No. 31546 of 2025) filed by an encroacher challenging the eviction notice dated 27.10.2025 (Annexure-2) issued by the Tahasildar, Delang (Opposite Party No.4) was disposed of by the High Court of Orissa at Cuttack (Dr. Sanjeeb K Panigrahi, J.) on 10.11.2025, the Court being of the view that a clear statutory remedy of appeal is available under Section 12(1) of the O.P.L.E. Act. The Petitioner was permitted to file an appeal, along with a petition for condonation of delay (if any) and a petition for interim protection, before the Appellate Authority/Sub-Collector, Puri within 15 working days; the Appellate Authority was directed to conclude the hearing within three months of filing. Pending consideration of the interim application, no coercive action was to be taken against the Petitioner pursuant to the impugned notice.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No. 31546 of 2025

¶3

Avya Kumar Jena ..…... Petitioner(s)

¶4

Mr. Bibhu Prasad Chhualsingh, Adv.

¶5

-Versus-

¶6

State of Odisha & Ors. ……. Opposite Party (s) Mr. Rajdeep Pradhan, ASC

¶7

CORAM:

¶8

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

10.11.2025

Order No.

This matter is taken up through hybrid arrangement.

¶14

Heard learned counsel for the parties.

¶15

In filing this Writ Petition, the Petitioner being an encroacher, has challenged the eviction notice dated 27.10.2025 under Annexure-2 issued by the Opposite Party No.4/Tahasildar, Delang.

¶16

During the course of hearing, learned counsel for the State submits that there is a clear statutory remedy of appeal available under Section 12(1) of the O.P.L.E. Act against the impugned notice under Annexure-2. Hence, the Petitioner

¶17

should approach the Appellate Authority/Sub-Collector, Puri

¶18

Signature Not Verified

¶19

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 10-Nov-2025 17:57:37

¶20

¶21

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 the 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 interim protection before the Appellate Authority/Sub-Collector, Puri as per Section 12(1) of the O.P.L.E. Act, within a period of 15 working days hence. In such event, the Appellate Authority shall conclude the hearing within a period of three months from the date of filing of the appeal.

¶22

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 under Annexure-2 issued by the Opposite Party No.4/Tahasildar, Delang.

¶23

This Writ Petition is, accordingly, disposed of.

¶24

( Dr. Sanjeeb K Panigrahi) Judge

¶25

Murmu

¶26

Signature Not Verified

¶27

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 10-Nov-2025 17:57:37

Avaya Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Avaya Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Amritlal Saood Vs Regnl.Chief Conserv

Binka S.C.Societies Vs Tahasildar, Binaka

Pronab Phukan Vs Union of India

M/S Maa Sulia Filling Station, Nayagarh Vs Union of India

Sujit Mohanty Vs Iifl Finance Ltd. (Imfl) Bbsr

Deepak Kumar Ojha Vs State of Odisha