Sibaram Sahu @ Sahoo Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sibaram Sahu @ Sahoo Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without entertaining the prayer; petitioner permitted to file an appeal under Section 12(1) of the O.P.L.E. Act within 15 working days along with a condonation-of-delay petition and an interim-protection petition; Appellate Authority to conclude the hearing within three months of filing; no coercive action pursuant to the Annexure-4 eviction notice until the interim application is taken up.

Issue for consideration

Whether the writ petition challenging the eviction notice dated 10.10.2025 (Annexure-4) issued by the Tahasildar, Puri should be entertained by the High Court, notwithstanding the availability of a statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act.

Court's answer

In view of the clear statutory remedy of appeal available under Section 12(1) of the O.P.L.E. Act against the impugned eviction notice, the Court declined to entertain the prayer made in the writ petition, directing the petitioner to the concerned Appellate Authority.

Ratio / Principle

The Court permitted the petitioner to file an appeal before the concerned Appellate Authority as per Section 12(1) of the O.P.L.E. Act, along with a petition for condonation of delay, if any, and a petition for interim protection.

Key takeaways

The appeal was to be filed within a period of 15 working days, and the Appellate Authority was directed to conclude the hearing within a period of three months from the date of filing of the appeal.ratio¶5
Until the interim application to be filed by the petitioner before the Appellate Authority is taken up, no coercive action shall be taken against the petitioner pursuant to the impugned eviction notice under Annexure-4 issued by the Tahasildar, Puri.ratio¶6

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.32477 of 2025, decided 26.11.2025) filed by an encroacher challenging an eviction notice dated 10.10.2025 under Annexure-4 issued by the Tahasildar, Puri (Opposite Party No.3): HELD, the petition was not entertained since a clear statutory remedy of appeal is available under Section 12(1) of the O.P.L.E. Act against the impugned notice. The petitioner was permitted to file an appeal before the concerned Appellate Authority within 15 working days, together with a petition for condonation of delay, if any, and a petition for interim protection; the Appellate Authority was directed to conclude the hearing within three months of filing. Until the interim application is taken up, no coercive action was to be taken against the petitioner pursuant to the Annexure-4 notice. Writ petition disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32477 of 2025

Sibaram Sahu @ ..... Petitioner Sahoo Mr. Gyanendra Kumar Tripathy, Advocate

-versus-

State of Odisha & Ors. Opposite Parties Mr. Bibekananda Nayak, AGA

CORAM:

THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI

ORDER 26.11.2025

Order No.

1. This matter is taken up through hybrid

arrangement.

2. Heard.

3. In filing this Writ Petition, the Petitioner being encroacher, has challenged the order of eviction notice dated 10.10.2025 under Annexure-4 issued by the Opposite Party No.3/ Tahasildar, Puri.

4. 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 order under Annexure-4. Hence, the Petitioner should approach the concerned Appellate Authority.

Signature Not Verified

Page 1 of 2.

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 29-Nov-2025 13:37:53

5. 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 concerned Appellate Authority as per Section 12(1) of the O.P.L.E. Act, within a period of 15 working days hence. In such event, Appellate Authority shall conclude the hearing within a period of three months from the date of filing of the appeal.

6. 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 order under Annexure-4, issued by the Opposite Party No.3/Tahasildar, Puri.

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

(Dr. Sanjeeb K. Panigrahi) Judge

Gitanjali

Signature Not Verified

Page 2 of 2.

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 29-Nov-2025 13:37:53