Is a writ petition challenging an encroachment show-cause notice premature without filing a statutory reply?

High Court affirms requirement to exhaust statutory remedies before invoking writ jurisdiction, directing petitioners to file replies and restraining coercive action pending decision.

 

Summary

Category Data
Case Name WP(C)/22680/2025 of DHANURJAYA RANA Vs COLLECTOR, KEONJHAR
CNR ODHC010571612025
Decision Date 18-08-2025
Disposal Nature Disposed Of
Judgment Author DR. JUSTICE SANJEEB K. PANIGRAHI
Court Orissa High Court
Bench Single Judge Bench
Ratio Decidendi
  • The High Court held that the writ petition challenging the show-cause notice was premature as the petitioner had not yet availed the statutory remedy of replying to the notice.
  • It directed the petitioner to file a reply within ten working days and mandated the Additional Tahasildar to consider the reply and pass a lawful order within fifteen working days.
  • The Court further restrained any coercive action against the petitioner pursuant to the impugned notice until such order is passed.
  • The disposal underscores the requirement to exhaust statutory procedures under encroachment proceedings before invoking writ jurisdiction.
  • Failure to do so amounts to premature invocation of the High Court’s inherent jurisdiction.
Facts as Summarised by the Court Petitioner alleged to be an encroacher challenged the show-cause notice issued by the Additional Tahasildar in Encroachment Case No. 4-176/2025.

What’s New / What Lawyers Should Note

  • The High Court reaffirmed that a writ petition challenging a statutory show-cause notice is premature if the petitioner has not first filed a reply to the notice.
  • Courts may direct petitioners to exhaust statutory remedies by filing replies and awaiting the authority’s decision before entertaining writ applications.
  • The decision exemplifies that inherent writ jurisdiction will be exercised sparingly and only after applicable administrative procedures are complied with.
  • The High Court granted interim protection against coercive action pending disposal of the statutory reply, balancing procedural compliance with protection of rights.

Summary of Legal Reasoning

  • The Court noted that the petitioner approached the High Court instead of replying to the show-cause notice issued in Encroachment Case No. 4-176/2025.
  • On the State’s submission that the petition was premature for non-exhaustion of statutory remedy, the Court agreed and deemed the writ unsuitable at that stage.
  • The Court exercised its discretion under Article 226 to direct the petitioner to file a reply within ten working days and the Additional Tahasildar to pass a lawful order within fifteen working days thereafter.
  • It further restrained any coercive action under the impugned notice until the statutory decision, ensuring procedural compliance while safeguarding the petitioner’s position.
  • The disposal reinforced the principle that High Court intervention is contingent on exhaustion of remedies provided by special or statutory laws.

Arguments by the Parties

Opposite Party (State)

  • The writ petition is premature as the petitioner has not availed the statutory procedure by filing a reply to the show-cause notice.

Factual Background

  • The petitioner, alleged to be an encroacher, was served with a show-cause notice by the Additional Tahasildar, Sadar, Keonjhar, in Encroachment Case No. 4-176/2025.
  • Instead of submitting a reply to the notice, the petitioner filed the present writ petition challenging its validity.
  • The High Court heard the matter and observed that the statutory mechanism had not been utilised before seeking writ relief.
  • Consequently, the Court directed the petitioner to file a statutory reply and restrained coercive action until the competent authority decided on the reply.

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