Srikrushna Pradhan Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Srikrushna Pradhan Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the Petitioner to file an appeal under Section 12(1) of the O.P.L.E. Act before the concerned Appellate Authority within 15 working days, together with petitions for condonation of delay and interim protection; Appellate Authority directed to conclude the hearing within three months of filing; no coercive action pursuant to the Annexure-5 notice till the appeal is taken up.

Issue for consideration

Whether the High Court should entertain a writ petition filed by an encroacher challenging the eviction notice under Annexure-5 issued by the Opposite Party No.3/Tahasildar, Kandhamal, when a statutory remedy of appeal is available under Section 12(1) of the O.P.L.E. Act.

Court's answer

In view of the statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act pointed out by learned counsel for the State, this Court is not inclined to entertain the prayer made in the writ petition.

Ratio / Principle

The Petitioner is permitted to file an appeal, along with a petition for condonation of delay (if any) and a petition for interim protection, before the concerned Appellate Authority as per Section 12(1) of the O.P.L.E. Act.

Key takeaways

The appeal is to be filed within a period of 15 working days, and the Appellate Authority shall conclude the hearing within a period of three months from the date of filing of the appeal.ratio¶¶17
Till the appeal is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned order under Annexure-5 issued by the Opposite Party No.3/Tahasildar, Kandhamal.ratio¶¶18

Detailed headnote1 paragraphs

Encroacher's writ petition challenging an eviction notice under Annexure-5 issued by the Opposite Party No.3/Tahasildar, Kandhamal: noting the statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act, the High Court declined to entertain the prayer and disposed of the petition, permitting the Petitioner to file an appeal before the concerned Appellate Authority within 15 working days along with a condonation-of-delay petition and an interim-protection petition; the Appellate Authority was directed to conclude the hearing within three months of filing, and it was directed that no coercive action be taken pursuant to the Annexure-5 notice till the appeal is taken up.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.310 of 2026

-versus-

State of Odisha & Ors. Opposite Parties Mr. Rajdeep Pradhan, ASC

CORAM:

THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI

ORDER 08.01.2026

Order No.

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-5 issued by the Opposite Party No.3/ Tahasildar, Kandhamal.

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-5. Hence,

Signature Not Verified

Page 1 of 2.

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 09-Jan-2026 18:14:10

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, 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 three 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-5, issued by the Opposite Party No.3/Tahasildar, Kandhamal.

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

(Dr. Sanjeeb K Panigrahi)

Judge

Gitanjali

Signature Not Verified

Page 2 of 2.

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 09-Jan-2026 18:14:10