Uma Charan Pradhan v. State of Odisha

Orissa HC8 Jan 2026WP(C)/316/2026

Case brief

AI extract

What is this about?

Alternative statutory remedy; eviction notice; encroachment; appeal under Section 12(1) of the O.P.L.E. Act; Tahasildar Kandhamal; condonation of delay; interim protection; no coercive action; three-month timeline for appellate hearing; W.P.(C) No.316 of 2026; High Court of Orissa; Dr. Justice Sanjeeb K Panigrahi; writ petition disposed of.

What did the court decide?

Liberty to file an appeal under Section 12(1) of the O.P.L.E. Act within 15 working days, along with a petition for condonation of delay (if any) and a petition for interim protection; the Appellate Authority to conclude the hearing within three months of filing; no coercive action against the Petitioner pursuant to the Annexure-5 order till the appeal is taken up. ¶¶19

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition challenging the eviction notice under Annexure-5 should be entertained when a statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act is available against the impugned order.

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Court's answer

The Court declined to entertain the writ petition because a clear statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act is available against the impugned eviction notice (Annexure-5), and the Petitioner should approach the concerned Appellate Authority.

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Ratio / Principle

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

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Key takeaways

The appeal is to be filed within 15 working days, and the Appellate Authority shall conclude the hearing within 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

Writ petition filed by an encroacher challenging an eviction notice under Annexure-5 issued by the Tahasildar, Kandhamal (Opposite Party No.3). The Court declined to entertain the petition in view of the statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act. The Petitioner was permitted to file an appeal within 15 working days along with petitions for condonation of delay and interim protection; the Appellate Authority was directed to conclude the hearing within three months of filing. Till the appeal is taken up, no coercive action is to be taken against the Petitioner pursuant to the impugned notice. Writ petition disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.316 of 2026

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-versus-

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

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CORAM:

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THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI

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ORDER 08.01.2026

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Order No.

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1. This matter is taken up through hybrid

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

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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-5. Hence,

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Signature Not Verified

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Page 1 of 2.

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

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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, 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.

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

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

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(Dr. Sanjeeb K Panigrahi)

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Judge

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Gitanjali

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Signature Not Verified

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