Disposed

Sania Ayal v. State of Odisha

Orissa HC10 Sept 2026WP(C)/29196/2026

Case brief

AI extract

What is this about?

The High Court of Orissa, Cuttack, disposed of a writ petition challenging an eviction notice. While noting a statutory appeal remedy existed under the O.P.L.E Act, the Court permitted an appeal and interim protection before the Appellate Authority within fifteen days and directed no coercive action pending this appeal.

What did the court decide?

Petitioner permitted to file appeal and interim protection before Appellate Authority within 15 days; no coercive action pending.

Sania Ayal Vs State of Odisha — Writ and Judicial Review | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.29196 of 2026

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CNR No. ODHC010691072026

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Sania Ayal

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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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Sania Ayal v. State of Odisha

Case brief

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Sania Ayal v. State of Odisha

Case brief

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