Sanjulata Kar Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sanjulata Kar Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer in the writ petition not entertained; however, the Petitioner is permitted to file an appeal under Section 12(1) of the O.P.L.E. Act, with a petition for condonation of delay (if any) and a petition for interim protection, before the concerned Appellate Authority within 15 working days; the Appellate Authority is directed to conclude the hearing within three months of filing; and no coercive action pursuant to the eviction notice (Annexure-2) shall be taken until the interim application is taken up.

Issue for consideration

Whether the writ petition challenging the eviction notice dated 27.10.2025 issued by the Tahasildar, Bonth (Annexure-2) should be entertained, notwithstanding the 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 order (Annexure-2), this Court is not inclined to entertain the prayer made in the writ petition.

Ratio / Principle

On 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 a period of 15 working days.

Key takeaways

If the appeal is so filed, the Appellate Authority shall 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 is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned order (eviction notice) under Annexure-2 issued by the Opposite Party No.2/Tahasildar, Bonth.ratio¶6

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.32861 of 2025, High Court of Orissa at Cuttack, decided 26.11.2025, Dr. Sanjeeb K. Panigrahi, J.): The Petitioner, described as an encroacher, challenged an order of eviction notice dated 27.10.2025 (Annexure-2) issued by the Opposite Party No.2/Tahasildar, Bonth. Learned counsel for the State pointed to the statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act. The Court declined to entertain the writ petition, but on the Petitioner's request permitted filing of an appeal, together with a petition for condonation of delay (if any) and a petition for interim protection, before the Appellate Authority within 15 working days; directed that the Appellate Authority conclude the hearing within three months of filing; and ordered that no coercive action pursuant to the eviction notice be taken against the Petitioner until the interim application is taken up. Writ petition disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32861 of 2025

Sanjulata Kar ..... Petitioner

Mr. Bibekananda Mahapatra,

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 27.10.2025 under Annexure-2 issued by the Opposite Party No.2/ Tahasildar, Bonth.

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-2. Hence, the Petitioner should approach the concerned Appellate

Signature Not Verified

Authority.

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-Nov-2025 16:09:51

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-2, issued by the Opposite Party No.2/Tahasildar, Bonth.

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

(Dr. Sanjeeb K. Panigrahi) Judge

Gitanjali

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-Nov-2025 16:09:51

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