Single Bench order dismissing a writ petition challenging an eviction notice, directing the petitioner to pursue a statutory appeal under the O.P.L.E. Act and granting interim stay.
Petitioner permitted to file appeal and interim protection petition before Appellate Authority; coercive action stayed until appeal filed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29376 of 2026
CNR No. ODHC010676802026
Labanya Sabar ...… Petitioner(s) Mr. Soubhagya Kumar Dash,
Advoate
-Versus-
……. State of Odisha & Ors. Opposite Party (s) Mr. Sonak Mishra, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order No. 01.
11.09.2026
1. This matter is taken up through hybrid arrangement.
2. Heard.
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.
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.
5. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However,
Signature Not Verified
Digitally Signed Signed by: GITANJALI NAYAK Designation: Senior Stenographer Reason: Authentication Location: OHC Date: 11-Sep-2026 16:40:39
Gitanjali
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.
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.
7. This Writ Petition is, accordingly, disposed of.
8. The web copy of this order be treated as authenticated
copy.
( Dr. Sanjeeb K Panigrahi) Judge
Signature Not Verified
Digitally Signed Signed by: GITANJALI NAYAK Designation: Senior Stenographer Reason: Authentication Location: OHC Date: 11-Sep-2026 16:40:39
1 issue framed by the court
Whether a writ petition against an eviction notice is maintainable when a statutory appeal lies under the Oleman Land Acquisition and Resettlement and Rehabilitation Act, 1968.
Labanya Sabar
State of Odisha
Sanjeeb K Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
