Disposed

Seshadev Swain v. State of Odisha

Orissa HC10 Sept 2026WP(C)/29400/2026

Case brief

AI extract

What is this about?

The Court rejected the writ petition challenging an eviction notice on the ground that a statutory appeal exists under the O.P.L.E Act. However, granting the petitioner leave to file the appeal and seek interim protection, the Court restrained coercive action. The Writ Petition was disposed of.

What did the court decide?

Leave to file appeal and petition for interim protection granted; coercive action restrained; Writ Petition disposed of.

Seshadev Swain 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.29400 of 2026

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CNR No. ODHC010699632026

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Seshadev Swain …. Petitioner(s) Mr. Gokulananda Sahu, 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 Petitioner alleged to be an encroacher has challenged the notice of eviction dated 10.08.2026 issued by the Tahasildar, Gania Tahasil, Nayagarh vide Annexure-7.

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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 there is a clear statutory remedy of appeal available under the O.P.L.E Act against the impugned notice of eviction vide Annexure-7. Hence, the Petitioner should approach the Appellate Authority.

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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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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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considering the request of 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 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 Petitioner is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned notice of eviction dated 10.08.2026 vide Annexure-7.

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

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(Dr. Sanjeeb K Panigrahi) Judge

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Ayaskanta

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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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Seshadev Swain v. State of Odisha

Case brief

What is this about?

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Seshadev Swain v. State of Odisha

Case brief

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