Orissa High Court
WP(C)/17415/2026 of AJET KHAN Vs STATE OF ODISHA on 2 June 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 17415 of 2026 Ajet Khan …. Petitioner Mr. Gopinath Mishra, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. S.P. Das, ASC CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 02.06.2026 01. 1. The matter is taken
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 17415 of 2026
Ajet Khan
….
Petitioner
Mr. Gopinath Mishra, Advocate
-versus-
State of Odisha and others ….
Opp. Parties
Mr. S.P. Das, ASC
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
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ORDER
02.06.2026
01.
1. The matter is taken up in virtual mode.
2. Heard the learned counsel for the petitioner.
The learned counsel refers to the earlier order dated 27.02.2026 passed in W.P.(C) No.6052 of 2026 by the coordinate Bench, wherein the coordinate Bench had directed the Tahasildar to undertake the proceeding under the O.P.L.E. Act, 1972 after issuance of notice to the petitioner and after hearing him.
3. It is submitted that as directed by this Court the petitioner was issued notice dated 23.03.2026. It is submitted that during pendency of the proceeding before the Tahasildar, the Tahasildar has written a letter to the higher authority i.e. Sub-Collector and Sub-Divisional Magistrate, Puri dated 26.05.2026 that encroachment from the government land in O.P.L.E. Case No.92 of 2022 shall be removed on 05.06.2026.
4. Though there is nothing on record to suggest that the O.P.L.E. Case in which the petitioner is a party is still pending, but it is submitted by the learned counsel for the petitioner that as per his instruction the O.P.L.E. case is pending.
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 O.P.LE. case. The appeal shall be filed within 15(fifteen) working days along with an application for interim order that may be sought for.
6. Accordingly, the petitioner shall file his appeal by 19.06.2026 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 directed status quo as on date regarding nature, character, ownership and possession of the land in question, in occupation of the petitioner, Khata No.927 Plot No.919 in mouza-Kanjia area Ac.0.02 decimal out of the total plot area shall be maintained by the parties till 29.06.2026.
8. With the aforesaid observation, the writ petition is disposed of.
9. 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.
10. In case the petitioner does not file any appeal as undertaken by 19.06.2026, this order passed in the writ application shall have no effect.
(Mruganka Sekhar Sahoo) Vacation Judge Radha Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 03-Jun-2026 17:11:50 Signature Not Verified