Dismissed

Afala @ Bijaya Pradhan v. State of Odisha

Orissa HC10 Sept 2026WP(C)/29316/2026

Case brief

AI extract

What is this about?

This Court dismissed a writ petition challenging an eviction notice, directing petitioners to approach the Appellate Authority under O.P.L.E Act. Permission was granted to file an appeal with condonation of delay and seek interim protection within fifteen days, and coercive action was stayed pending this appeal.

What did the court decide?

Petitioners permitted to file appeal before Appellate Authority within fifteen days; coercive action stayed pending appeal.

Afala @ Bijaya Pradhan 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.29316 of 2026

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CNR No. ODHC010693262026

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Afala @ Bijaya Pradhan …. Petitioner(s) & Anr.

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Mr. Panchanan Panigrahi, Adv.

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versus-

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…. State of Odisha & Ors. Opposite Party(s) Mr. Prabhu Prasanna Behera, 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 dated 28.08.2026 issued by the Tahasildar, Kamakhyanagar vide Annexure-3.

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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 despite issuance of the Form ‘KA’ & ‘Kha’ since the Petitioners did not prefer appeal, the present notice of eviction has been issued to them. Be that as it may, the Petitioners have right to prefer appeal as per the provision under the O.P.L.E Act against the notice

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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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Page 1 of 2

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of eviction issued in Form-Kha. Hence, the Petitioners should approach the Appellate Authority.

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5. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, 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 dated 28.08.2026 vide Annexure-3.

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

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA (Dr. Sanjeeb K Panigrahi) Designation: Personal Assistant Reason: AuthenticationLocation: High Court of O rissa Judge Date: 11-Sep-2026 13:13:44 Ayaskanta

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(Dr. Sanjeeb K Panigrahi)

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Afala @ Bijaya Pradhan v. State of Odisha

Case brief

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Afala @ Bijaya Pradhan v. State of Odisha

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