Upholding Existing Precedent That Section 12(1) O.P.L.E. Act Appeals Must Be Exhausted Before Invoking Writ Jurisdiction; Binding on Odisha’s Subordinate Courts
Summary
| Category | Data |
|---|---|
| Case Name | WP(C)/22650/2022 of TAPAS CHHATOI Vs STATE OF ODISHA |
| CNR | ODHC010580882022 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | DR. JUSTICE SANJEEB K. PANIGRAHI |
| Court | Orissa High Court |
| Bench | Single Judge |
| Precedent Value | Binding on subordinate courts in Odisha |
| Overrules / Affirms | Affirms |
| Type of Law | Administrative Law / Writ Jurisdiction |
| Questions of Law | Whether High Court writ jurisdiction is barred when a statutory appeal under Section 12(1) of the O.P.L.E. Act is available? |
| Ratio Decidendi |
|
| Facts as Summarised by the Court | The petitioner challenged eviction notices dated 28.07.2022 and 23.08.2022 issued by the Tahasildar, Kujang, in Encroachment Case No.25 of 2022-23 under the O.P.L.E. Act. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | Subordinate courts in Odisha |
What’s New / What Lawyers Should Note
- Writ jurisdiction will not be entertained when a statutory appeal under Section 12(1) of the O.P.L.E. Act is available.
- Petitioners must file the appeal, along with any petition for condonation of delay and interim relief, within fifteen working days.
- Appellate authority is required to conclude the hearing and pass a reasoned order within fifteen days from filing.
- No coercive eviction action can be taken until the appellate authority disposes of the appeal.
Summary of Legal Reasoning
- Availability of statutory remedy under Section 12(1) of the O.P.L.E. Act bars writ petition in the High Court.
- Petitioner directed to file appeal, condonation-of-delay petition, and interim protection application within fifteen working days.
- Appellate authority must provide hearing with opportunity to submit documents and pass a reasoned order within fifteen days.
- Stays any coercive eviction action under the impugned notice until the appeal is disposed of.
Arguments by the Parties
Petitioner
- Challenged the eviction notices dated 28.07.2022 and 23.08.2022 issued by the Tahasildar in Encroachment Case No.25/2022-23.
Respondent
- Submitted that Section 12(1) of the O.P.L.E. Act provides a clear statutory remedy of appeal against the eviction notice.
- Argued that the writ petition was premature and the petitioner should exhaust the appellate remedy.
Factual Background
The petitioner filed a writ petition challenging two eviction notices issued on 28.07.2022 and 23.08.2022 by the Tahasildar, Kujang, in Encroachment Case No.25 of 2022-23 under the Odisha Public Premises (Eviction of Unauthorised Occupants) (O.P.L.E.) Act. The State pointed out the availability of an appeal under Section 12(1) of the Act and sought dismissal of the writ petition. The High Court disposed of the petition, directing the petitioner to approach the appellate authority within specified timelines and granting interim protection.
Statutory Analysis
- Section 12(1), O.P.L.E. Act: Provides a right of appeal to an appellate authority against an eviction notice issued by the Tahasildar.
- Principle upheld: statutory appeal must be exhausted before approaching the High Court for writ relief.
Alert Indicators
- Precedent Followed – reaffirms the principle that writ jurisdiction is not a substitute for statutory remedies.
Citations
- W.P.(C) No.22650 of 2022 (Ori. H.C.), CNR ODHC010580882022, order dated 18.08.2025.