Orissa High Court
WP(C)/26638/2026 of SURENDRA NATH PATRA Vs STATE OF ODISHA on 8 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26638 of 2026 CNR No. ODHC010612022026 Surendra Nath Patra …. Petitioner(s) Mr. Ajaya Kumar Jena, Adv. 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.26638 of 2026
CNR No. ODHC010612022026
Surendra Nath Patra
….
Petitioner(s)
Mr. Ajaya Kumar Jena, Adv.
versus-
State of Odisha & Ors.
….
Opposite Party(s)
Mr. Rajdeep Pradhan, ASC
CORAM:
HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No.
02.
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ORDER
08.09.2026
1. This matter is taken up through hybrid arrangement.
2. In filing the present Writ Petition, the Petitioner alleged to be an encroacher has challenged the notice of eviction issued by the Tahasildar, Bisoi/Opposite Party No.4 on 24.07.2026 vide Annexure-5.
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 dated 24.07.2026 vide Annexure-5. Hence, the Petitioner should approach the Appellate Authority. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 09-Sep-2026 14:28:09 Signature Not Verified
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 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 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 Petitioner is taken up, no coercive action shall be taken against the Petitioner pursuant to the impugned notice of eviction dated 24.07.2026 vide Annexure-5.
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: 09-Sep-2026 14:28:09 Signature Not Verified