The High Court held the eviction notice amenable to statutory appeal under Section 12(1) of the OPLE Act. The petition was disposed of with liberty to file the appeal; no coercive action was taken pending such appeal. Merits were left open.
Liberty granted to file appeal within fifteen days; no coercive action against petitioner in meantime.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 29227 of 2026 CNR No. ODHC010690982026
Tilak Gadaba
..…... Petitioner (s) Mr. BIbhu Prasad Chhualsingh, Adv.
-Versus-
State of Odisha & Ors.
.. .…. Opposite Party (s) Mr. Tej Kumar, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
11.09.2026
Order No.
1. This matter is taken up through hybrid arrangement.
2. The present Writ Petition has been filed assailing the eviction notice dated 04.08.2026 issued by the Addl. Tahasildar, Semiliguda under Annexure-2.
3. Heard learned counsel for the parties.
Signature Not Verified
4. Having regard to the nature of the challenge made in the present Writ Petition, this Court finds that the impugned notice/order issued by the Tahasildar under the provisions of the Orissa Prevention of Land Encroachment Act, 1972 (for short, “the OPLE Act”) is amenable to the statutory appellate remedy provided under Section 12(1) of the said Act. Under the said provision, an
Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 11-Sep-2026 17:29:49
Page 1 of 3
appeal against any decision or order made by the Tahasildar lies before the Sub-Divisional Officer/Sub-Collector.
5. In view of the availability of the efficacious statutory remedy, this Court is not inclined to examine the merits of the challenge to the impugned notice/order at this stage. Accordingly, the Petitioner is granted liberty to file an appeal before the concerned SubCollector, under Section 12(1) of the OPLE Act within a period of fifteen days from today.
6. In the event the Petitioner files such appeal within the aforesaid period, the appellate authority shall entertain the same in accordance with law. The appellate authority shall afford due opportunity of hearing to the parties and thereafter pass a reasoned and speaking order on the appeal in accordance with law, uninfluenced by any observation made in the present order.
7. In the meantime, no coercive action shall be taken against the Petitioner in respect of the case land pursuant to the impugned notice/order dated 04.08.2026, provided the Petitioner files the appeal before the appellate authority within the period stipulated herein.
Signature Not Verified
8. It is clarified that this Court has not expressed any opinion on the merits of the claim of either party and all questions of fact and law are left open to be considered by the statutory appellate authority in accordance with law.
Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 11-Sep-2026 17:29:49
Page 2 of 3
9. With the aforesaid liberty and directions, the Writ Petition stands
disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge
Murmu
Signature Not Verified
Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 11-Sep-2026 17:29:49
Page 3 of 3
1 issue framed by the court
Whether a writ petition challenging a land eviction notice is maintainable when an efficacious statutory remedy exists.
1 provisions across 1 enactments
Tilak Gadaba
State of Odisha
Sanjeeb K Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
