Orissa High Court
WP(C)/29316/2026 of AFALA @ BIJAYA PRADHAN Vs STATE OF ODISHA on 10 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29316 of 2026 CNR No. ODHC010693262026 Afala @ Bijaya Pradhan & Anr. …. Petitioner(s) Mr. Panchanan Panigrahi, Adv. versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Prabhu Prasanna Behera, ASC CORAM: HON’BLE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29316 of 2026
CNR No. ODHC010693262026
Afala @ Bijaya Pradhan
& Anr.
….
Petitioner(s)
Mr. Panchanan Panigrahi, Adv.
versus-
State of Odisha & Ors.
….
Opposite Party(s)
Mr. Prabhu Prasanna Behera, ASC
CORAM:
HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No.
01.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
10.09.2026
1. This matter is taken up through hybrid arrangement.
2. In filing the present Writ Petition, the Petitioners alleged to be encroachers have challenged the notice of eviction dated 28.08.2026 issued by the Tahasildar, Kamakhyanagar vide Annexure-3.
3. Heard learned counsel for the Parties.
4. During course of hearing, learned counsel for the State, at the outset, submits that despite issuance of the Form ‘KA’ & ‘Kha’ since the Petitioners did not prefer appeal, the present notice of eviction has been issued to them. Be that as it may, the Petitioners have right to prefer appeal as per the provision under the O.P.L.E Act against the notice Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 11-Sep-2026 13:13:44 Signature Not Verified of eviction issued in Form-Kha. Hence, the Petitioners should approach the Appellate Authority.
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 learned counsel for the Petitioners, this Court permits the Petitioners 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 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 after providing adequate opportunity of hearing to the parties concerned within a period of three months from the date of filing of the appeal.
6. It is further directed that till the interim application to be filed by the Petitioners is taken up, no coercive action shall be taken against the Petitioners pursuant to the impugned notice of eviction dated 28.08.2026 vide Annexure-3.
7. This Writ Petition is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 11-Sep-2026 13:13:44 Signature Not Verified