ORISSA HIGH COURT
S.K.PANIGRAHI, J
Sirish Chandra Mishra – Appellant
Versus
State of Odisha & Ors. – Respondent
ORDER
Order 05.08.2025 No.
04. 1. This matter is taken up through hybrid arrangement.
2. The Petitioner being in settled possession of the scheduled land filed this Writ Petition challenging the action of the Opposite Parties in demarcating his residential house and boundary wall constructed over his plot without issuing any notice or granting opportunity of hearing.
3. Heard.
4. During 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 notice of eviction under Annexure-L/2 issued by the Tahasildar, Betnoty. Hence, the Petitioner should approach the concerned Appellate Authority by filing appeal.
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 appellate authority as per Section 12(1) of the O.P.L.E. Act , within a period of fifteen working days hence. In such event, the
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