Disposed¶22

Bulu Bhoi v. State of Odisha

Orissa HC21 Nov 2025WP(C)/4525/2024

Case brief

AI extract

What is this about?

W.P.(C) No.4525 of 2024; Bulu Bhoi & Ors. v. State of Odisha & Ors.; High Court of Orissa; eviction notice; Tahasildar, Biramaharajpur; Annexure-3 (series); O.P.L.E Act statutory appeal remedy; writ petition disposed; petitioners relegated to Appellate Authority; condonation of delay; interim protection; no coercive action; fifteen working days; three months appellate timeline; Dr. Sanjeeb K Panigrahi.

What did the court decide?

Petitioners permitted to file appeals before the Appellate Authority under the O.P.L.E Act within fifteen 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 eviction notice until the interim applications are taken up. ¶22

Bulu Bhoi 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 challenging the notice of eviction issued by the Tahasildar, Biramaharajpur should be entertained despite the availability of a statutory remedy of appeal under the O.P.L.E Act.

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Court's answer

Having regard to the availability of a statutory remedy of appeal under the O.P.L.E Act against the impugned notice of eviction, this Court was not inclined to entertain the prayer made in the writ petition.

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Ratio / Principle

The Petitioners were permitted to file their respective appeals before the concerned Appellate Authority under the O.P.L.E Act, along with petitions for condonation of delay, if any, and petitions for interim protection, within fifteen working days; the Appellate Authority shall conclude the hearing after providing adequate opportunity of hearing to the parties concerned within three months from the date of filing of the appeal.

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Key takeaways

Till the interim applications to be filed by the Petitioners are taken up, no coercive action shall be taken against the Petitioners pursuant to the impugned notice of eviction vide Annexure-3 (series).ratio¶21

Detailed headnote1 paragraphs

Single-Judge order of the High Court of Orissa at Cuttack disposing of a writ petition filed by alleged encroachers (Bulu Bhoi & Ors.) challenging a notice of eviction (Annexure-3 series) issued by the Tahasildar, Biramaharajpur. Declining to entertain the prayer in view of the statutory remedy of appeal available under the O.P.L.E Act, the Court permitted the Petitioners to file their appeals, with petitions for condonation of delay and interim protection, before the concerned Appellate Authority within fifteen working days, directed the Appellate Authority to conclude the hearing within three months of filing, and directed that no coercive action be taken pursuant to the eviction notice until the interim applications are taken up.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.4525 of 2024

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Bulu Bhoi & Ors. …. Petitioner(s)

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Mr. Padmanav Bhutia, Adv.

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-versus-

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

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CORAM:

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HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI

Order ORDER

No. 21.11.2025

1 . This matter is taken up through hybrid arrangement.

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2 . In filing this Writ Petition, the Petitioners alleged to encroachers have challenged the notice of eviction issued by the Tahasildar, Biramaharajpur/Opposite Party No.4 vide Annexure-3 (series).

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3. Heard learned counsel for the Parties.

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4. During course of hearing, learned counsel for the State, at the outset, submits that there is a clear statutory remedy of appeal available under the O.P.L.E Act against the impugned notice of eviction vide Annexure-3 (series). Hence, the Petitioner should approach the Appellate Authority.

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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,

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Oriss a Date: 25-Nov-2025 16:10:45

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Page 1 of 2

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considering the request of learned counsel for the Petitioners, this Court permits the Petitioners to file their respective appeals along with petitions for condonation of delay, if any, so also petitions for interim protection before the concerned Appellate Authority as per the provision under the O.P.L.E Act, within a period of fifteen working days hence. In such event, the Appellate Authority shall conclude the hearing after providing adequate opportunity of hearing to the parties concerned 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 applications to be filed by the Petitioners are taken up, no coercive action shall be taken against the Petitioners pursuant to the impugned notice of eviction vide Annexure-3 (series).

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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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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Oriss a Date: 25-Nov-2025 16:10:45

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Bulu Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bulu Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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