Orissa High Court
WP(C)/28912/2026 of DEBARAJ ROUT Vs STATE OF ODISHA on 9 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.28912 of 2026 [CNR No.ODHC010687692026] Debaraj Rout & Anr. …. Petitioner(s) Mr. Nityananda Behuria, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Rajdeep Pradhan, ASC CORAM: HON’BLE DR. JUSTICE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28912 of 2026
[CNR No.ODHC010687692026]
Debaraj Rout & Anr.
….
Petitioner(s)
Mr. Nityananda Behuria, Adv.
-versus-
State of Odisha & Ors.
….
Opposite Party(s)
Mr. Rajdeep Pradhan, ASC
CORAM:
HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI
Order No.
01.
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ORDER
09.09.2026
1. This matter is taken up through hybrid arrangement.
2. By filing the present Writ Petition, the Petitioners have prayed for quashing the eviction notice dated 13.08.2026 issued by the Tahasildar, Athagarh (Opposite Party No.3) in Encroachment Case No.57/2026-27 under Annexure-1. Apart from the above, they also prayed for a direction to the Opposite Parties to record the land Ac.0.02 dec. in their favour, which is under their possession.
3. Heard learned counsel for the Petitioners and learned counsel for the State.
4. Having regard to the nature of the challenge made in the present Writ Petition, this Court finds that the impugned eviction notice dated 13.08.2026 issued by the Tahasildar,
Athagarh under the provisions of the Orissa Prevention of Land Encroachment Act, 1972 (for short, “the OPLE Act”) is amenable to the statutory appellate remedy provided under Section 12(1) of the said Act. Under the said provision, an appeal against any decision or order made by the Tahasildar lies before the Sub-Divisional Officer/Sub-Collector.
5. In view of the availability of the efficacious statutory remedy, this Court is not inclined to examine the merits of the challenge to the impugned notice at this stage. Accordingly, the Petitioners are granted liberty to file an appeal before the concerned Sub-Collector, under Section 12(1) of the OPLE Act within a period of fifteen days from today.
6. In the event the Petitioners file such appeal along with a petition for condonation of delay, if any, so also a petition for interim protection within the aforesaid period, the appellate authority shall entertain the same in accordance with law. The appellate authority shall afford due opportunity of hearing to the parties and thereafter pass a reasoned and speaking order on the appeal in accordance with law, uninfluenced by any observation made in the present order.
7. 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 in respect of the case land i.e. Khata No.256, Plot No.1026, Mouza- Kuspangi, measuring an area of Ac.0.02 dec. pursuant to the impugned eviction notice dated 13.08.2026, provided the Petitioners file the appeal before the appellate authority within the period stipulated herein.
8. It is clarified that this Court has not expressed any opinion on the merits of the claim of either party and all questions of fact and law are left open to be considered by the statutory appellate authority in accordance with law.
9. With the aforesaid liberty and directions, the Writ Petition stands disposed of.
10. Web copy of this order downloaded from the official website of this Court shall be treated as an authenticated copy.
(Dr. Sanjeeb K Panigrahi) Judge
Sipun