Orissa High Court
WP(C)/29027/2026 of BINODINI BAL Vs STATE OF ODISHA on 10 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29027 of 2026 CNR No. ODHC010687242026 Binodini Bal & Ors. …. Petitioner(s) Mr. Santosh Kumar Rout, Adv. versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Tej Kumar, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29027 of 2026
CNR No. ODHC010687242026
Binodini Bal & Ors.
….
Petitioner(s)
Mr. Santosh Kumar Rout, Adv.
versus-
State of Odisha & Ors.
….
Opposite Party(s)
Mr. Tej Kumar, ASC
CORAM:
HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No.
01.
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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 issued by the Additional Tahasildar, Tangi-Choudwar in Encroachment Case No.36/26-27 vide Annexure-2.
3. Heard learned counsel for the Parties.
4. 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 notice of eviction vide Annexure-2. 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, 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 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 vide Annexure-2.
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