Bijay Kumar Khatua v. State of Odisha & Ors.

…. Opposite Party(s) Ms. Gayatri Patra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 03.02.2025

This matter is taken up through a hybrid arrangement.

Heard learned counsel for the parties.

In filing this Writ Petition, the Petitioner being an encroacher, challenged notice eviction

16.12.2024/Annexure-3 issued by the Opposite Party No.4/Executive Officer, Baripada Municipality.

During the course of hearing, learned counsel for the State submits that there is a clear statutory remedy of appeal available Order No. 02. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 04-Feb-2025 19:33:18 under Section 98 of the Orissa Municipal Act, 1950 against the impugned notice under Annexure-3. Hence, the Petitioner should approach the Appellate Authority. 2

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 98 of the Orissa Municipal Act, 1950, within a period of 15 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.

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 dated

16.12.2024 under Annexure-3 issued by the Opposite Party No.4/Executive Officer, Baripada Municipality.

This Writ Petition is, accordingly, disposed of. Judge ( Dr. S.K. Panigrahi) Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 04-Feb-2025 19:33:18