High Court Reaffirms Exhaustion of Statutory Remedies Before Exercising Writ Jurisdiction in Eviction Proceedings under Section 12(1) of the O.P.L.E. Act
The Orissa High Court held that where a clear statutory appeal remedy under Section 12(1) of the Odisha Prevention of Land Encroachment (O.P.L.E.) Act exists against eviction notices, the High Court will not entertain a writ petition and must direct the petitioner to exhaust the alternative remedy within a specified timeframe. This decision upholds established precedent and serves as binding authority for subordinate courts and administrative authorities under the O.P.L.E. Act.
Summary
| Category | Data |
|---|---|
| Case Name | WP(C)/22643/2022 of NISHAKAR CHHATOI Vs STATE OF ODISHA |
| CNR | ODHC010580762022 |
| Date of Registration | 02-09-2022 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | Dr. Justice Sanjeeb K. Panigrahi |
| Court | Orissa High Court |
| Bench | Single Judge Bench |
| Overrules / Affirms | Affirms the principle of exhaustion of statutory remedies under the O.P.L.E. Act |
| Type of Law | Statutory procedural law under the O.P.L.E. Act |
| Questions of Law | Whether a writ petition is maintainable in the presence of a statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act? |
| Ratio Decidendi |
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| Logic / Jurisprudence / Authorities Relied Upon | Emphasis on the principle of exhaustion of statutory remedies, interpretation of Section 12(1) of the O.P.L.E. Act as an adequate alternative, and exercise of inherent writ jurisdiction in aid of appeal process under time-bound directions. |
| Facts as Summarised by the Court | Petitioner challenged two eviction notices dated 28.07.2022 and 23.08.2022 issued by the Tahasildar, Kujang, in Encroachment Case No.20 of 2022-23. The notices invoked eviction proceedings under the O.P.L.E. Act. The petitioner sought writ relief; the State pointed to the statutory appeal remedy under Section 12(1). The Court directed filing of the appeal within 15 working days, with condonation and interim protection. |
What’s New / What Lawyers Should Note
- High Court will not entertain writ petitions against eviction notices when an appeal under Section 12(1) of the O.P.L.E. Act is available.
- Petitioners must file the appeal within fifteen working days, accompanied by any condonation petition for delay.
- Interim protection against coercive eviction is granted until the appellate authority disposes of the appeal.
- The appellate authority must conclude the hearing and pass a reasoned order within fifteen days of the appeal’s filing.
- Emphasizes procedural discipline and time-bound disposal in eviction matters.
Summary of Legal Reasoning
- The O.P.L.E. Act provides an adequate alternative remedy by way of appeal under Section 12(1) against eviction notices.
- Extraordinary jurisdiction under Articles 226/227 cannot be invoked in place of such a statutory appeal.
- To balance rights, the Court permitted filing of the statutory appeal within 15 working days, along with any petition for condonation of delay.
- The appellate authority is directed to hear the appeal on merits within 15 days, provide a proper hearing, and pass a reasoned order.
- Interim protection was granted to prevent coercive eviction until the appeal’s final disposal.
Arguments by the Parties
Petitioner
- Challenged eviction notices dated 28.07.2022 and 23.08.2022 under Encroachment Case No.20 of 2022-23.
- Sought quashing of notices and interim relief via writ petition, alleging prejudice and urgency.
State (Opposite Parties)
- Submitted that Section 12(1) of the O.P.L.E. Act provides a clear and adequate statutory remedy by way of appeal.
- Contended that the writ petition is not maintainable and that the petitioner should approach the appellate authority.
Factual Background
The petitioner was served two eviction notices in Encroachment Case No.20 of 2022-23 by the Tahasildar, Kujang, dated 28 July and 23 August 2022 under the O.P.L.E. Act. He approached the Orissa High Court by writ petition challenging both notices and seeking interim relief. The State respondents pointed out that Section 12(1) furnishes a statutory right to appeal against such notices. The High Court, while refusing to entertain the writ, permitted the petitioner to file the appeal (with any condonation petition) within fifteen working days and granted interim protection until the appellate authority disposed of the appeal.
Statutory Analysis
- Section 12(1), O.P.L.E. Act: Provides the right to appeal against eviction notices issued by Tahasildars.
- Exhaustion Principle: Reinforced that alternative statutory remedies must be availed before invoking writ jurisdiction.
- Procedural Directive: Time-bound filing of appeal, condonation petitions, and interim stay applications, and expeditious disposal within 15 days.
Procedural Innovations
- Time-bound mandate: appellate authority must conclude the appeal within fifteen days of filing.
- Simultaneous filing: liberty to file appeal, condonation petition, and interim protection application together.
- Interim safeguard: express direction prohibiting coercive eviction until the appeal is disposed of.
Alert Indicators
- ✔ Precedent Followed – affirmed the established principle of exhaustion of statutory remedies under Section 12(1) of the O.P.L.E. Act.
- 📅 Time-Sensitive – imposes strict 15-working-day timelines for filing and disposing of the appeal.