Judgment · High Court

Petitioner(s) Mr. Achyutananda Pattanaik, Adv. versus- …. Opposite Party(s) Mr. Debashish Nayak, AGA CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 07.08.2026

#1. This matter is taken up through hybrid arrangement.

#2. In filing the present Writ Petition, the Petitioner alleged to be an encroacher, has made the following prayer:- “xxx (A) Issue an appropriate writ, order or direction, more particularly in the nature of Mandamus, directing the Opposite Parties not to evict the petitioner from, or demolish, the petitioner’s Solid Waste Materials/ Scrap situated over Government Land Material Shop appertaining to Plot NO.294, Khata No.493, Mouza- Kalarahanga, Tahasil-Bhubaneswar, measuring area an following the due of 300 sq.ft., without strictly procedure established by law and without affording the petitioner a reasonable opportunity of hearing, in accordance with the principles of natural justice; (B) Issue an appropriate writ, order or direction declaring that the proposed eviction and demolition sought to be undertaken by the Bhubaneswar Municipal Corporation solely on loudspeaker the basis of a public announcement, without issuance of any statutory notice or observance of due process of law, is arbitrary, illegal, Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Aug-2026 18:07:00 unconstitutional, and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India; (C) Direct the Opposite Parties to consider and dispose of the petitioner’s representation dated 07.07.2026 in accordance with law, after granting the petitioner an effective opportunity of hearing, and till such consideration, not to take any coercive action against the petitioner; xxx”

#3. Heard learned counsel for the Parties.

#4. Learned counsel for the Petitioner, at the outset, submits that before approaching this Court though the Petitioner on the selfsame issue has already ventilated his grievance before the Commissioner, Bhubaneswar Municipal Corporation, Bhubaneswar vide Annexure-5, the said grievance of the Petitioner is still pending.

#5. He, accordingly, prays for a direction Commissioner, Bhubaneswar Municipal Corporation, Bhubaneswar for considering the said grievance of the Petitioner vide Annexure-5.

#6. Learned counsel for the State submits that he has no objection, if the representation at the instance of the Petitioner considered by the Commissioner, Bhubaneswar Municipal Corporation, Bhubaneswar in accordance with law, which is stated to be pending as of Signature Not Verified now. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Aug-2026 18:07:00

#7. Considering the submissions made on behalf of both the parties, this Court without expressing any opinion on the merits of the case of the Petitioner, directs Commissioner, Bhubaneswar Municipal Corporation, Bhubaneswar to look into the grievance of the Petitioner vide Annexure-5 and pass a lawful order in the matter within a period of fifteen working days from the date of presentation of an authenticated copy of this order.

#8. This Writ Petition is, accordingly, disposed of. Ayaskanta Judge (Dr. Sanjeeb K Panigrahi) Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Aug-2026 18:07:00