Ester Barg v. State of Odisha
Case brief
What is this about?
Orissa High Court, Cuttack; W.P.(C) No.34727 of 2025; decided 05.01.2026 by Dr. Justice Sanjeeb K Panigrahi. Petitioner Ester Barg (encroacher), through Mrs. S. Das, challenged eviction notice (Annexure-4) of Tahasildar, Sadar, Sambalpur (Opposite Party No.3); State represented by AGA Mr. Bibekananda Nayak. Writ not entertained in view of statutory appeal under Section 12(1) of the O.P.L.E. Act; liberty to file appeal with condonation-of-delay and interim-protection petitions within 15 working days; Appellate Authority to conclude hearing within two months; no coercive action pursuant to Annexure-4 till appeal filed; writ disposed of. Keywords: eviction notice, encroachment, O.P.L.E. Act, Section 12(1), alternative statutory remedy, condonation of delay, interim protection, coercive action.
What did the court decide?
Writ petition disposed of; Petitioner permitted to file an appeal under Section 12(1) of the O.P.L.E. Act with petitions for condonation of delay and interim protection before the Appellate Authority within 15 working days; Appellate Authority directed to conclude the hearing within two months of filing; no coercive action pursuant to the Annexure-4 eviction notice till the appeal is filed.