Orissa High Court
WP(C)/17412/2026 of PRADIP PATEL Vs STATE OF ODISHA on 5 June 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 17412 of 2026 Pradip Patel …. Petitioner Mr. N. Panda, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Goutam Tripathy, AGA CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 05.06.2026 01. 1. The matter is
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 17412 of 2026
Pradip Patel
….
Petitioner
Mr. N. Panda, Advocate
-versus-
State of Odisha and others ….
Opp. Parties
Mr. Goutam Tripathy, AGA
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 before this Court is aggrieved by the notice dated 15.05.2026 issued by the Tahasildar, Jamankira under the provisions of Odisha Preventions of Land Encroachment Act, 1972 directing the petitioner to remove the encroachment from government land having Khata No.159, Plot No.238, Ac.0.09 dec. The said encroachment case No.4- 161/2024 had heard on 22.11.2024.
3. With much emphasis, it is submitted by the learned counsel for the petitioner that the petitioner and his forefathers are generations of encroachers for the past fifty years and he is entitled for settlement of land. It is submitted that the petitioner shall prefer appeal U/s.12 of the O.P.L.E. Act before the Sub- Collector, Kuchinda. It is further submitted that if the petitioner is evicted before preferring the appeal his cause shall be frustrated.
In view of the limited nature of grievance, it is submitted by the learned counsel for the petitioner that the writ application may be disposed of granting breathing time to the petitioner to move in appeal.
4. The learned AGA in response submits that any appeal that would be filed by the petitioner shall be considered in accordance with law by the appropriate authority.
5. Having heard learned counsel for the petitioner and the learned AGA, it is directed that the petitioner shall approach the appellate authority by filing appeal under the OPLE Act by 25.06.2026 along with an application seeking interim prayer as would be.
The authority shall do well to consider the prayer of the petitioner in accordance with law and pass appropriates orders.
6. It is directed that status quo as on date regarding the nature, character, ownership and possession of the subject property indicated above shall be maintained by the parties till 17.07.2026.
7. With the aforesaid observation, the writ petition is disposed of.
(Mruganka Sekhar Sahoo) Vacation Judge Radha Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 08-Jun-2026 08:15:05 Signature Not Verified