Disposed

Binodini Bal v. State of Odisha

Orissa HC10 Sept 2026WP(C)/29027/2026

Case brief

AI extract

What is this about?

Writ petition challenging an eviction notice dismissed on the grounds that a statutory appeal under O.P.L.E Act is available. Court permitted filing of appeal with condonation of delay and granted interim stay on coercive action.

What did the court decide?

Permitted Petitioners to file appeal and petition for condonation of delay before Appellate Authority. Stayed coercive action under notice pending appeal.

Binodini Bal Vs State of Odisha — Landlord and Tenant | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.29027 of 2026

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CNR No. ODHC010687242026

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Binodini Bal & Ors.

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…. Petitioner(s) Mr. Santosh Kumar Rout, Adv.

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versus-

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…. State of Odisha & Ors. Opposite Party(s) Mr. Tej Kumar, ASC

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CORAM:

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HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI

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ORDER

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Order No. 10.09.2026

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01.

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1. This matter is taken up through hybrid arrangement.

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2. In filing the present Writ Petition, the Petitioners alleged to be encroachers have challenged the notice of eviction issued by the Additional Tahasildar, Tangi-Choudwar in Encroachment Case No.36/26-27 vide Annexure-2.

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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-2. Hence, the Petitioners should approach the Appellate Authority.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA 5. In such view of the matter, this Court is not inclined to Designation: Personal Assistant Reason: Authentication Location: High Court of O rissa Date: 11-Sep-2026 13:13:44 entertain the prayer made in this Writ Petition. However,

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considering the request of learned counsel for the Petitioners, this Court permits the Petitioners 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.

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6. It is further directed that till the interim application to be filed by the Petitioners is taken up, no coercive action shall be taken against the Petitioners pursuant to the impugned notice of eviction vide Annexure-2.

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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 O rissa Date: 11-Sep-2026 13:13:44

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Binodini Bal v. State of Odisha

Case brief

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Binodini Bal v. State of Odisha

Case brief

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