Discussed an eviction notice challenge in an encroachment case. The Court invoked alternative statutory remedy under O.P.L.E Act instead of entertaining the writ. Grants leave to file appeal. Stays coercive action.
Allowed leave to file appeal under O.P.L.E Act; stayed coercive action on eviction notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28287 of 2026
CNR No. ODHC010663112026
Kirtan Pradhan
…. Petitioner(s) Mr. Jyotirmaya Sahoo, Adv.
versus-
…. State of Odisha & Ors. Opposite Party(s) Mr. Tej Kumar, ASC
CORAM:
HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI
ORDER
Order No. 11.09.2026
01.
1. This matter is taken up through hybrid arrangement.
2. In filing the present Writ Petition, the Petitioner alleged to be an encroacher has challenged the notice of eviction issued by the Tahasildar, Tangi in Encroachment Case No.85/26-27 vide Annexure-2.
3. Heard learned counsel for the Parties.
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-2. Hence, the Petitioner should approach the Appellate Authority.
Signature Not Verified
5. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However,
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Ori ssa Date: 11-Sep-2026 16:36:03
Page 1 of 2
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 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.
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 notice of eviction vide Annexure-2.
7. This Writ Petition is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi) Judge
Ayaskanta
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Ori ssa Date: 11-Sep-2026 16:36:03
Page 2 of 2
2 issues framed by the court
Whether an eviction notice issued under the ODHC Act is maintainable in a Writ Petition when an alternative statutory appeal remedy exists.
Whether the Court should stay coercive action pending the filing of an appeal under the O.P.L.E Act.
Kirtan Pradhan
State of Odisha
Dr. Sanjeeb K Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
