Dismissed

Budu Hantala v. State of Odisha

Orissa HC10 Sept 2026WP(C)/29185/2026

Case brief

AI extract

What is this about?

Petitioner challenged an eviction notice claiming to be an encroacher. The HC refused interim relief as statutory appeal was available but directed the petitioner to file an appeal within 15 working days and granted interim stay on eviction till then.

What did the court decide?

Refused leave to file Writ Petition; permitted appeal and interim petition; stayed coercive action under eviction notice.

Budu Hantala 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.29185 of 2026

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CNR No. ODHC010687352026

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Budu Hantala

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…. Petitioner(s)

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Mr. Bibhu Prasad Chhualsingh, 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 Petitioner alleged to be an encroacher has challenged the notice of eviction dated 04.08.2026 issued by the Additional Tahasildar, Similiguda 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 Petitioner 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 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.

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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.

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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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Budu Hantala v. State of Odisha

Case brief

What is this about?

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Budu Hantala v. State of Odisha

Case brief

What is this about?

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