Dismissed

Suna Sing v. State of Odisha

Orissa HC11 Sept 2026WP(C)/28699/2026

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed the Writ Petition challenging an eviction notice, observing a clear statutory remedy under the O.P.L.E Act. The Court directed the petitioner to file an appeal with the Appellate Authority within fifteen days and stayed coercive action pending the appeal.

What did the court decide?

Petitioner permitted to file appeal with Appellate Authority within 15 days; coercive action stayed pending hearing of appeal.

Suna Sing Vs State of Odisha — Orissa HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.28699 of 2026

¶3

CNR No. ODHC010678962026

¶4

Suna Sing …. Petitioner(s)

¶5

Mr. Krushna Chandra Rath, Adv.

¶6

versus-

¶7

…. The State of Orissa & Opposite Party(s) Ors.

¶8

Mr. Tej Kumar, ASC

¶9

CORAM:

¶10

HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI

¶11

ORDER

¶12

Order No. 11.09.2026

¶13

01.

¶14

1. This matter is taken up through hybrid arrangement.

¶15

2. In filing the present Writ Petition, the Petitioner alleged to be an encroacher has challenged the notice of eviction issued by the Tahasildar, Shamakhunta in Encroachment Case No.4-345/2021 vide Annexure-1.

¶16

3. Heard learned counsel for the Parties.

¶17

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-1. Hence, the Petitioner should approach the Appellate Authority.

¶18

Signature Not Verified

¶19

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Ori ssa Date: 11-Sep-2026 16:36:03

¶20

Page 1 of 2

¶21

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 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.

¶22

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-1.

¶23

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

¶24

(Dr. Sanjeeb K Panigrahi)

¶25

Judge

¶26

Ayaskanta

¶27

Signature Not Verified

¶28

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Ori ssa Date: 11-Sep-2026 16:36:03

¶29

Page 2 of 2

Suna Sing v. State of Odisha

Case brief

What is this about?

What did the court decide?

Suna Sing v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases