Disposed¶21

Sushanta Kumar Behera v. State of Odisha

Orissa HC26 Nov 2025WP(C)/32480/2025

Case brief

AI extract

What is this about?

Orissa High Court; W.P.(C) No.32480 of 2025; Sushanta Kumar Behera v. State of Odisha & Ors.; Dr. Justice Sanjeeb K Panigrahi; eviction notice; encroacher; Tahasildar Puri; Annexure-4; O.P.L.E. Act; Section 12(1); statutory appeal remedy; Appellate Authority; condonation of delay; interim protection; no coercive action; writ petition disposed of.

What did the court decide?

Petitioner permitted to file an appeal with petitions for condonation of delay and interim protection before the Appellate Authority under Section 12(1) of the O.P.L.E. Act within 15 working days; Appellate Authority to conclude hearing within three months; no coercive action pursuant to the impugned notice until the interim application is taken up. ¶21

Sushanta Kumar Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Writ Petition filed by the Petitioner (an encroacher) challenging the eviction notice dated 10.10.2025 (Annexure-4) should be entertained by this Court, notwithstanding the availability of a statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act.

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Court's answer

This Court is not inclined to entertain the prayer made in the Writ Petition, since a clear statutory remedy of appeal is available to the Petitioner under Section 12(1) of the O.P.L.E. Act.

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Ratio / Principle

Considering the request of learned counsel for the Petitioner, the Court permits the Petitioner to file an appeal, along with a petition for condonation of delay (if any) and a petition for interim protection, before the concerned Appellate Authority as per Section 12(1) of the O.P.L.E. Act within 15 working days; the Appellate Authority shall conclude the hearing within three months from the date of filing of the appeal.

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Key takeaways

Until the interim application to be filed by the Petitioner is taken up by the Appellate Authority, no coercive action shall be taken against the Petitioner pursuant to the impugned eviction notice (Annexure-4) issued by the Opposite Party No.3/Tahasildar, Puri.ratio¶20

Detailed headnote1 paragraphs

Writ Petition by an encroacher challenging an eviction notice dated 10.10.2025 (Annexure-4) issued by the Tahasildar, Puri (Opposite Party No.3): the Court declined to entertain the prayer on the ground that a statutory remedy of appeal exists under Section 12(1) of the O.P.L.E. Act. The Petitioner was permitted to file an appeal, with petitions for condonation of delay and interim protection, before the Appellate Authority within 15 working days, and the Appellate Authority was directed to conclude the hearing within three months. Interim protection: no coercive action pursuant to the impugned notice until the interim application is taken up. Writ Petition disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32480 of 2025

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Sushanta Kumar ..... Petitioner Behera Mr. Gyanendra Kumar Tripathy, Advocate

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-versus-

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

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CORAM:

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THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

26.11.2025

Order No.

1. This matter is taken up through hybrid

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arrangement.

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2. Heard.

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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.

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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

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Authority.

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Signature Not Verified

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Page 1 of 2.

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: ohc Date: 29-Nov-2025 13:48:00

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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.

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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.

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

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(Dr. Sanjeeb K. Panigrahi) Judge

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Gitanjali

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Signature Not Verified

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Page 2 of 2.

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: ohc Date: 29-Nov-2025 13:48:00

Sushanta Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sushanta Kumar Behera 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

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