Bhramarbar Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Bhramarbar Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner permitted to file an appeal, with a petition for condonation of delay (if any) and a petition for interim protection, before the appellate authority within fifteen working days; appellate authority directed to conclude the hearing within three months of filing; no coercive action against the Petitioner pursuant to the eviction notice dated 24.11.2025 till the appeal is taken up; the notice (not in Form 'Kha' format) ordered to be treated as Form 'Kha'; Writ Petition disposed of.

Issue for consideration

Whether the Writ Petition challenging the eviction notice dated 24.11.2025 issued by the Tahasildar, Niali (Annexure-4) should be entertained, notwithstanding the availability of a statutory remedy of appeal against the impugned notice. +1 more

Court's answer

This Court is not inclined to entertain the prayer made in the Writ Petition.

Ratio / Principle

Since the eviction notice dated 24.11.2025 was not issued in the format of Form 'Kha' to the Petitioner, the said notice issued by the Tahasildar, Niali/Opposite Party No.3 vide Annexure-4 shall be treated as Form 'Kha'.

Key takeaways

Considering the request of learned counsel for the Petitioner, the 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 appellate authority within a period of fifteen working days.ratio¶6
The appellate authority shall conclude the hearing within a period of three months from the date of filing of the appeal.ratio¶6
Till the appeal is taken up by the Appellate Authority, no coercive action shall be taken against the Petitioner pursuant to the notice of eviction dated 24.11.2025.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Dr. Sanjeeb K Panigrahi, J.), W.P.(C) No.37172 of 2025, order dated 08.01.2026: Bhramarbar Behera challenged an eviction notice dated 24.11.2025 issued by the Tahasildar, Niali (Opposite Party No.3) vide Annexure-4. The Court, noting the State's submission that a clear statutory remedy of appeal was available against the impugned notice, declined to entertain the writ prayer. Observing that the notice had not been issued in the format of Form 'Kha', the Court directed that it be treated as Form 'Kha'. The Petitioner was permitted to file an appeal, along with a condonation-of-delay petition and a petition for interim protection, before the appellate authority within fifteen working days; the appellate authority was directed to conclude the hearing within three months from the date of filing; and, until the appeal is taken up, no coercive action was to be taken against the Petitioner pursuant to the notice. The Writ Petition was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.37172 of 2025

Bhramarbar Behera ..... Petitioner(s) Mr. Bhaskar Chandra Panda, Advocate

-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 has challenged the eviction notice dated 24.11.2025 issued by the Tahasildar, Niali/ Opposite Party No.3 vide Annexure4.

4. During course of hearing, learned counsel for the State submits that there is a clear statutory remedy of Appeal available against the impugned notice of eviction dated 24.11.2025 issued by the Tahasildar, Niali/ Opposite Party No.3 vide Annexure-4. Hence, the Petitioner should

Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-Jan-2026 12:53:27

approach the concerned Appellate Authority by filing appeal.

5. Since the eviction notice dated 24.11.2025 has not been issued in the format of form ‘Kha’ to the Petitioner, the said notice dated 24.11.2025 issued by the Tahasildar, Niali/Opposite Party No.3 vide Annexure-4 be treated as Form ‘Kha’.

6. 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 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 appellate authority within a period of fifteen working days hence. In such event, the appellate authority shall conclude the hearing within a period of three months from the date of filing of the appeal.

Signature Not Verified

7. It is further directed that till the appeal is taken up by the Appellate Authority, no coercive action shall be taken against the Petitioner pursuant to the notice of eviction dated 24.11.2025 issued by the Tahasildar, Niali/ Opposite Party No.3 vide Annexure-4.

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-Jan-2026 12:53:27

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8. Accordingly, the Writ Petition is disposed of.

(Dr. Sanjeeb K Panigrahi) Judge

Gitanjali

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-Jan-2026 12:53:27

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