Orissa High Court
WP(C)/17703/2026 of LAXMIDHAR SWAIN Vs STATE OF ODISHA on 5 June 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 17703 of 2026 Laxmidhar Swain …. Petitioner Mr. P. Sabat, Advocate Ms. Jinu Rani, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. M.K. Das, ASC CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 05.06.2026 01.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 17703 of 2026
Laxmidhar Swain
….
Petitioner
Mr. P. Sabat, Advocate
Ms. Jinu Rani, Advocate
-versus-
State of Odisha and others ….
Opp. Parties
Mr. M.K. Das, ASC
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
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ORDER
05.06.2026
01.
1. The matter is taken up through virtual mode.
2. Heard learned counsel for the petitioner.
The petitioner is before this Court with the following prayer:- “That the petitioner therefore prays this Hon’ble Court may graciously be pleased to admit this petition, issue notice to the Opposite Parties by considering the facts and grounds stated above the eviction notice passed on 15.05.2026 in eviction passed by Additional Tahasildar, Bhubaneswar may kindly may quashed. Further the land may settle in the name of the petitioner by considering his long undisputed possession.” (sic)
3. It is submitted by the learned counsel for the petitioner that the petitioner is in possession of the land since last 15 years. The Additional Tahasildar,
Bhubaneswar in a proceeding under Odisha Prevention of Land Encroachment Act, 1972 and Rules, 1985, has issued notice to the petitioner: form “KHA” 15.05.2026 for eviction of the said land.
4. It is submitted by the learned counsel for the State that the writ petition is not maintainable as the petitioner has a remedy available under the statute in the form of appeal to the appropriate authority.
5. In view of the submissions made at the Bar, it is directed that the petitioner, if so advised shall approach the higher authority in appeal against the order if any passed against him in the OPLE proceeding. The appeal shall be filed within the time directed herein along with an application for interim order that may be sought for.
6. Accordingly, it is directed the petitioner shall file his appeal by 29.06.2026 which shall be taken up by the authority in accordance with law. During pendency of the appeal, the authority shall do well to consider his application and pass interim order in accordance with law.
7. It is further directed status quo as on date regarding nature, character, ownership and possession of the land in question, in occupation of the petitioner, Khata No.2241 Plot No.4524 in mouza-Pathargadia area Ac.0.80 decimal out of the total plot area shall be maintained by the parties till 17.07.2026.
8. In case the petitioner does not file any appeal as undertaken by 29.06.2026, this order passed in the writ application shall have no effect.
9. With the aforesaid observation, the writ petition is disposed of.
10. Issue urgent certified copy as per rules.
The parties shall have the liberty to act upon the copy of the order obtained from the official website of this Court.
(Mruganka Sekhar Sahoo) Vacation Judge Radha Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 08-Jun-2026 08:15:06 Signature Not Verified