CUTTACK: The vacation bench of the Orissa High Court has granted interim protection to several residents of Pathargadia on the outskirts of Bhubaneswar against eviction notices issued under the Odisha Prevention of Land Encroachment (OPLE) Act, 1972.
Hearing a batch of 13 petitions, vacation judge Justice Mruganka Sekhar Sahoo passed identical orders directing the parties to maintain status quo over the disputed lands till July 17, 2026, while asking the petitioners to avail the statutory appellate remedy.
The petitions challenged eviction notices issued by the additional tehsildar, Bhubaneswar, on May 15, in OPLE proceedings concerning plots situated at Pathargadia, a rapidly developing suburban locality in northern Bhubaneswar near Patia and Sundarpur.
The disputed plots under the possession of the petitioners ranged from around 50 decimal to 90 decimal each, with the total area involving 9.2 acre. Counsels appearing for the petitioners made similar submissions in all the cases, contending that their clients had been in uninterrupted possession of the respective lands for periods ranging from 12 years to as long as 30 years. Seeking the court’s intervention, they argued against the proposed eviction action initiated by the revenue authorities.
Opposing the petitions, the state government submitted that the writ petitions were not maintainable since an effective alternative remedy was available under the statute.
The government counsel pointed out that any aggrieved person could challenge orders passed in OPLE proceedings by filing an appeal before the competent appellate authority, in this case sub-collector, Bhubaneswar.
Accepting the state’s contention on the issue of maintainability, Justice Sahoo directed the petitioners to approach the appellate authority. However, to safeguard the interests of all parties in the meantime, the vacation judge directed that the nature, character, ownership and possession of the disputed lands in Mouza-Pathargadia be maintained as it stood on the date of the order.
The judge ordered that appeals be filed by June 29 along with applications seeking interim protection. It further directed the appellate authority to consider such applications and pass appropriate interim orders in accordance with law during the pendency of the appeals.