Allowed

Ruta Sabar v. State of Odisha

Orissa HC11 Sept 2026WP(C)/29341/2026

Case brief

AI extract

What is this about?

A writ petition challenging an eviction notice was dismissed as the statutory appeal remedy under Section 12(1) of the O.P.L.E. Act was available. However, the court permitted the petitioner to file an appeal with condonation of delay and a petition for interim protection within 15 days, staying coercive action pending the appeal.

What did the court decide?

Permission to file an appeal with condonation of delay and a petition for interim protection within 15 days; stay on coercive action.

Ruta Sabar Vs State of Odisha — Constitutional and Fundamental Rights | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29341 of 2026 CNR No. ODHC010675152026

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Ruta Sabar

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

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-Versus-

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

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CORAM:

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DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

Order No. 01.

11.09.2026

1. This matter is taken up through hybrid arrangement.

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2. Heard.

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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.

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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.

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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,

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Signature Not Verified

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

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Gitanjali

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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.

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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.

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

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

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copy.

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( Dr. Sanjeeb K Panigrahi) Judge

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Signature Not Verified

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

Ruta Sabar v. State of Odisha

Case brief

What is this about?

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Ruta Sabar v. State of Odisha

Case brief

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What did the court decide?

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