Orissa High Court Reaffirms the Need to Exhaust the Statutory Appeal Remedy, Directs Expedited Disposal and Interim Stay
Summary
| Category | Data |
|---|---|
| Case Name | WP(C)/22647/2022 of RAMESH CHHATOI Vs STATE OF ODISHA |
| CNR | ODHC010580832022 |
| 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 |
| Overrules / Affirms | Affirms existing principle to exhaust statutory remedy |
| Type of Law | Administrative / Procedural Law |
| Questions of Law | Maintainability of writ when appeal under Section 12(1), O.P.L.E. Act exists |
| Ratio Decidendi (3–8 sentences) |
The High Court held that when a specific statutory appeal is available under Section 12(1) of the O.P.L.E. Act, a writ petition challenging an eviction notice is not maintainable. The petitioner must first file the prescribed appeal (with condonation of delay if required) and may seek interim protection before the appellate authority. The appellate authority is directed to give the petitioner a reasoned hearing, admit all relevant documents, and conclude the appeal within 15 days of filing. Coercive action under the impugned notice must be stayed until the appeal is decided. |
What’s New / What Lawyers Should Note
- Reaffirms that High Courts will not entertain writ petitions when a statutory appeal exists under Section 12(1) of the O.P.L.E. Act.
- Directs that appeals (with any condonation petition) must be filed within 15 working days.
- Mandates the appellate authority to decide the appeal on merits within 15 days of filing.
- Provides for an interim stay of eviction until the appellate authority disposes of the appeal.
- Emphasizes the duty of the appellate authority to pass a reasoned order after hearing the petitioner and accepting all relevant documents.
Summary of Legal Reasoning
- Existence of Alternate Remedy: The court noted that Section 12(1) of the O.P.L.E. Act provides a clear right of appeal against eviction notices issued by a Tahasildar.
- Doctrine of Exhaustion: Reliance on settled principle that writ jurisdiction is discretionary and will be refused if an efficacious statutory remedy exists.
- Directions to Appellate Authority:
- Permit filing of appeal with petition for condonation of delay (if any) and application for interim protection within 15 working days.
- Conclude hearing and pass a reasoned order within 15 days from the date of filing of the appeal.
- Interim Protection: Until the appeal is decided, no coercive action shall be taken against the petitioner pursuant to the eviction notice dated 23.08.2022.
Arguments by the Parties
Petitioner
- Challenged the legality of eviction notices dated 28.07.2022 and 23.08.2022.
- Sought quashing by way of writ petition.
State (Opposite Parties)
- Submitted that Section 12(1) of the O.P.L.E. Act provides an appeal remedy against the eviction notice.
- Argued that the petitioner should invoke the statutory appellate process instead of the writ jurisdiction.
Factual Background
Ramesh Chhatoi, the petitioner, challenged two eviction notices issued by the Tahasildar, Kujang, in Encroachment Case No. 26 of 2022-23. The notices, dated 28.07.2022 and 23.08.2022, directed the petitioner’s eviction from the land in question. The petitioner filed W.P.(C) No. 22647/2022 before the Orissa High Court seeking to quash these notices.
Statutory Analysis
- Section 12(1), O.P.L.E. Act: Provides for an appeal to the prescribed appellate authority against an eviction notice issued by an officer such as a Tahasildar.
- The court interpreted this provision as an exclusive and efficacious remedy, thereby ousting writ jurisdiction on that point.
Procedural Innovations
- Imposition of a strict 15-day timeline for filing the appeal, petition for condonation of delay, and petition for interim protection.
- Mandate for the appellate authority to conclude the appeal with a reasoned order within 15 days.
Alert Indicators
- ✔ Precedent Followed – Confirms that writ petitions will be declined where a statutory appeal exists.