Maheswar Das v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 14135 of 2022 Maheswar Das and another ...

Petitioners Mr. D. Behera, Advocate -Versus - State of Odisha and others ....

Opposite Parties Mr. Y.S.P. Babu, Additional Government Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

17.06.2022 W.P.(C) No.14135 of 2022 & I.A. No.7502

1. This matter is taken up through hybrid mode. Order No.

2.

2. The Petitioners are aggrieved by the notice issued by the Tahasildar, Basudevpur on 11.02.2022 and 25.01.2022 under Section 6(1) of the Orissa Prevention of Land Encroachment Act (OPLE Act), 1972. This order is appealable as per Section 12 of the OPLE Act.

3. It is submitted that the Petitioners could not approach the appellate authority because of certain unavoidable reasons.

4. It is open to the Petitioners to prefer an appeal by seeking condonation of delay by filing an application before the appellate authority, which shall be considered in accordance with law. It is also open to the Petitioners to move the said authority for stay of eviction, which shall be considered in accordance with law. Three weeks time is granted to the Petitioners to prefer the appeal.

5. Till such time, no coercive action shall be taken against the Petitioners.

6. The writ petition is disposed of in the above terms.

7. Urgent certified copy of this order be issued as per rules. (Sashikanta Mishra, J) Vacation Judge S. Behera