Disposed¶8

Budhia Sahu v. State of Odisha

Orissa HC9 Apr 2025WP(C)/5935/2025

Case brief

AI extract

What is this about?

Eviction notice; Tahasildar Sadar Cuttack; Form 'Kha'; statutory remedy of appeal; alternative remedy; condonation of delay; interim protection; no coercive action; fifteen working days; three-month timeline; Budhia Sahu v. State of Odisha; W.P.(C) No.5935 of 2025; High Court of Orissa; Dr. Justice S.K. Panigrahi.

What did the court decide?

Permission to file an appeal before the appellate authority within fifteen working days along with petitions for condonation of delay and interim protection; the eviction notice dated 12.02.2025 to be treated as Form 'Kha'; appellate authority to conclude the hearing within three months; no coercive action pursuant to the notice until the interim application is taken up. ¶8

Budhia Sahu 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 dated 12.02.2025 issued by the Tahasildar, Sadar, Cuttack should be entertained despite the availability of a statutory remedy of appeal.

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Court's answer

The Court declined to entertain the writ petition, the petitioner being relegated to the available statutory remedy of appeal against the eviction notice.

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Ratio / Principle

The eviction notice dated 12.02.2025 (Annexure-7), though not issued in Form 'Kha' format, was directed to be treated as Form 'Kha'.

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Key takeaways

The petitioner was permitted to file an appeal, along with a petition for condonation of delay and a petition for interim protection, before the appellate authority within fifteen working days.ratio¶6
The appellate authority was directed to conclude the hearing within three months from the date of filing of the appeal.ratio¶6
Until the petitioner's interim application is taken up by the appellate authority, no coercive action shall be taken against the petitioner pursuant to the eviction notice dated 12.02.2025.

Detailed headnote1 paragraphs

Writ petition challenging a notice of eviction dated 12.02.2025 issued by the Tahasildar, Sadar, Cuttack (Annexure-7). Noting a clear statutory remedy of appeal, the High Court declined to entertain the petition, directed that the notice - though not issued in Form 'Kha' format - be treated as Form 'Kha', and permitted the petitioner to file an appeal with a condonation-of-delay petition and an interim-protection petition before the appellate authority within fifteen working days. The appellate authority is to conclude the hearing within three months of filing, and no coercive action may be taken pursuant to the 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.5935 of 2025

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Budhia Sahu

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…. Petitioner

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Represented By Adv. Mr. Santosh Kumar Rout

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-versus-

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State of Odisha & Ors.

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…. Opposite Parties Represented by AGA Mr. Debasish Nayak

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

Order No.

09.04.2025

1 . This matter is taken up through hybrid arrangement.

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2. Heard.

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3. In filing this Writ Petition, the Petitioner has challenged the notice of eviction dated 12.02.2025 issued by the Tahasildar, Sadar, Cuttack/Opposite Party No.2 vide Annexure-7.

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4. During course of hearing, learned counsel for the State submits that there is a clear statutory remedy of Appeal available against the impugned notice of eviction dated 12.02.2025 issued by the Tahasildar, Sadar,

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Page 1 of 3

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// 2 //

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Cuttack/Opposite Party No.2 vide Annexure-7. Hence, the Petitioner should approach the concerned Appellate Authority by filing appeal.

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5. Since the eviction notice dated 12.02.2025 has not been issued in the format of form ‘Kha’ to the Petitioner, the said notice issued by the Tahasildar, Sadar, Cuttack/Opposite Party No.2 vide Annexure-7 be treated as Form ‘Kha’.

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6. 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 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 within a period of fifteen 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.

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7. It is further directed that till 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 notice of eviction dated

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Page 2 of 3

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// 3 //

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12.02.2025 issued by the Tahasildar, Sadar, Cuttack/Opposite Party No.2 under Annexure-7. 8. Accordingly, the Writ Petition is disposed of.

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(Dr. S.K. Panigrahi) Judge

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Sumitra

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Signature Not Verified

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Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 15-Apr-2025 13:08:36

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Budhia Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Budhia Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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