Disposed

Erana Sabar v. State of Odisha

Orissa HC11 Sept 2026WP(C)/29291/2026

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed a writ petition challenging an eviction notice, holding that a statutory appeal lies under Section 12(1) of the O.P.L.E. Act. The Court, however, permitted the petitioner to file an appeal within 15 days and directed a stay on coercive action pending the appeal.

What did the court decide?

Leave granted to file appeal within 15 days; stay on coercive action pending appeal.

Erana Sabar Vs State of Odisha — Landlord and Tenant | Orissa HC (2026)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29291 of 2026

¶2

CNR No. ODHC010674642026

¶3

Erana Sabar

¶4

...… Petitioner(s) Mr. Soubhagya Kumar Dash, Advoate

¶5

-Versus-

¶6

……. State of Odisha & Ors. Opposite Party (s) Mr. Sonak Mishra, ASC

¶7

CORAM:

¶8

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

Order No. 01.

11.09.2026

1. This matter is taken up through hybrid arrangement.

¶13

2. Heard.

¶14

3. In filing this Writ Petition, the Petitioner being encroacher, has challenged the order of eviction notice under Annexure-3 issued by the Opposite Party No.3/ Tahasildar, Parlakhemundi.

¶15

4. During the course of hearing, learned counsel for the State submits that there is a clear statutory remedy of appeal available under Section 12(1) of the O.P.L.E. Act against the impugned order under Annexure-3. Hence, the Petitioner should approach the concerned Appellate Authority.

¶16

5. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However,

¶17

Signature Not Verified

¶18

Digitally Signed Signed by: GITANJALI NAYAK Designation: Senior Stenographer Reason: Authentication Location: OHC Date: 11-Sep-2026 16:40:39

¶19

Gitanjali

¶20

considering the request of the 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 Section 12(1) of the O.P.L.E. Act, within a period of 15 working days hence. In such event, Appellate Authority shall conclude the hearing within a period of two months from the date of filing of the appeal.

¶21

6. It is further directed that till the Appeal is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned order under Annexure-3, issued by the Opposite Party No.3/Tahasildar, Parlakhemundi.

¶22

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

¶23

8. The web copy of this order be treated as authenticated

¶24

copy.

¶25

( Dr. Sanjeeb K Panigrahi) Judge

¶26

Signature Not Verified

¶27

Digitally Signed Signed by: GITANJALI NAYAK Designation: Senior Stenographer Reason: Authentication Location: OHC Date: 11-Sep-2026 16:40:39

Erana Sabar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Erana Sabar 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