Biswanath Naik Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Biswanath Naik Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file an appeal before the concerned Appellate Authority, together with a petition for condonation of delay (if any) and a petition for interim protection, within two weeks; the appellate authority to conclude the hearing within six weeks of filing; and no coercive action pursuant to the form 'Kha' notice under Annexure-2 until the appeal is disposed of.

Issue for consideration

Whether the Writ Petition challenging the notices issued under the O.P.L.E. Act, 1972 (including the form 'Kha' notice under Annexure-2 issued by the Tahasildar, Ulunda) for eviction of the Petitioner should be entertained by this Court, given the availability of a statutory appeal remedy. +1 more

Court's answer

In view of the available statutory appeal remedy, this Court is not inclined to entertain the prayer made in the Writ Petition.

Ratio / Principle

Considering the request of learned counsel for the Petitioner, the Court permits the Petitioner to file an appeal before the appellate authority, along with a petition for condonation of delay (if any) and a petition for interim protection, within a period of two weeks.

Key takeaways

The appellate authority shall conclude the hearing within a period of six weeks from the date of filing of the appeal.ratio¶21
Till the appeal is disposed of by the Appellate Authority, no coercive action shall be taken against the Petitioner pursuant to the form 'Kha' notice under Annexure-2 issued by the Tahasildar, Ulunda.ratio¶22

Detailed headnote1 paragraphs

W.P.(C) No.7027 of 2025, High Court of Orissa at Cuttack (Dr. Justice Sanjeeb K Panigrahi), Order No.07 dated 18.09.2025: Biswanath Naik challenged notices issued under the O.P.L.E. Act, 1972 by Opposite Party No.2 — including the form 'Kha' notice under Annexure-2 issued by the Tahasildar, Ulunda — seeking his eviction from land at Khata No.271, Plot No.728 (Kisam-Gochar) under Uluda Tahasil, District Subarnapur. On the State counsel's submission that a statutory appeal remedy exists against the form 'Kha' notice, the Court declined to entertain the Writ Petition but permitted the Petitioner to file an appeal before the Appellate Authority within two weeks, along with petitions for condonation of delay (if any) and interim protection; the Appellate Authority was directed to conclude the hearing within six weeks of filing; and, till disposal of the appeal, no coercive action was to be taken against the Petitioner pursuant to the form 'Kha' notice. The Writ Petition was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7027 of 2025

Biswanath Naik

…. Petitioner(s)

Represented By Adv.

Mr. Rajjeet Roy

-versus-

…. State of Odisha & Ors. Opposite Party(s) Represented by ASC Mr. Sonak Mishra

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

Order No.

18.09.2025

1 . This matter is taken up through hybrid arrangement.

2. Heard.

3. In filing this Writ Petition, the Petitioner has challenged the action of the Opposite Party No.2 in issuing notices under the O.P.L.E. Act, 1972 to evict the Petitioner from the land situated at Khata No.271, Plot No.728, Kisam-Gochar under Uluda Tahasil, DistrictSubarnapur.

4. During course of hearing, learned counsel for the State submits that there is a clear statutory remedy of Appeal available against the form ‘Kha’ notice under Annexure-2 issued by the Tahasildar, Ulunda. Hence, the Petitioner

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should approach the concerned Appellate Authority by filing appeal.

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 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 two weeks hence. In such event, the appellate authority shall conclude the hearing within a period of six weeks from the date of filing of the appeal.

6. It is further directed that till the appeal is disposed of by the Appellate Authority, no coercive action shall be taken against the Petitioner pursuant to the form ‘Kha’ notice under Annexure-2 issued by the Tahasildar, Ulunda.

7. Accordingly, the Writ Petition is disposed of.

(Dr. Sanjeeb K Panigrahi)

Judge

Signature Not Verified Sumitra

Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 23-Sep-2025 17:32:23

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