Orissa High Court
WP(C)/28803/2026 of NIROD KUMAR BEHURA Vs STATE OF ODISHA on 9 September 2026
HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.28803 of 2026 CNR No. ODHC010679982026 Nirod Kumar Behura ...… Petitioner(s) Mr. Bijay Jena, Advocate -Versus- State of Odisha & Ors. ……. Opposite Party (s) Mr. Rajdeep Pradhan, ASC CORAM: HON’BLE DR. JUSTICE SANJEEB K
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28803 of 2026
CNR No. ODHC010679982026
Nirod Kumar Behura
...…
Petitioner(s)
Mr. Bijay Jena,
Advocate
-Versus-
State of Odisha & Ors.
…….
Opposite Party (s)
Mr. Rajdeep Pradhan, ASC
CORAM:
HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI
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ORDER
Order No. 09.09.2026
01.
1. This matter is taken up through hybrid arrangement.
2. Heard.
3. In filing this Writ Petition, the Petitioner being encroacher, has challenged the order of eviction notice under Annexure-2 issued by the Opposite Party No.3/ Tahasildar, Rajnagar.
4. During the course of hearing, learned counsel for the State submits that there is a clear statutory remedy of appeal available under Section 12(1) of the O.P.L.E. Act against the impugned order under Annexure-2. Hence, the Petitioner should approach the concerned 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: GITANJALI NAYAK Designation: Senior Stenographer Reason: Authentication Location: OHC Date: 10-Sep-2026 14:34:39 Signature Not Verified
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 12(1) of the O.P.L.E. Act, within a period of 15 working days hence. In such event, Appellate Authority shall conclude the hearing within a period of two months from the date of filing of the appeal.
6. It is further directed that till the Appeal is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned order under Annexure-2, issued by the Opposite Party No.3/Tahasildar, Rajnagar.
7. This Writ Petition is, accordingly, disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge Gitanjali Digitally Signed Signed by: GITANJALI NAYAK Designation: Senior Stenographer Reason: Authentication Location: OHC Date: 10-Sep-2026 14:34:39 Signature Not Verified