Sabuddin Saha v. State of Odisha & Ors.
Judgment
Petitioner(s) Mr. Rajjeet Roy, Adv. Mr. S. Sourav, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Smt. Jyotsnamayee Sahoo, ASC CORAM: HON’BLE DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 25.03.2025
This matter is taken up through hybrid arrangement.
In filing this Writ Petition, the Petitioner being an encroacher has challenged the notices of eviction issued by the Tahasildar, Baliapal/Opposite Party No.2 in L.E Case No.1112/23 vide Annexures-2 and 4.
Heard learned counsel for the Parties.
During course of hearing, learned counsel for the State, at the outset, submits that there is a clear statutory remedy of appeal available under the O.P.L.E Act against the impugned notices of eviction vide Annexures-2 and 4. Hence, the Petitioner should approach the Appellate Authority.
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 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-Mar-2025 17:56:04 a petition for condonation of delay, if any, so also a petition for interim protection before the concerned Appellate Authority as per the provision under the O.P.L.E Act, 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.
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 notices of eviction vide Annexures-2 and 4.
This Writ Petition is, accordingly, disposed of.
Issue urgent certified copy of this order as per rules in course of the day. Judge Ayaskanta (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-Mar-2025 17:56:04
Precedent status how later indexed judgments have treated this case
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