Orissa High Court

WP(C)/28234/2026 of RASHMIKANTA SATAPATHY Vs BHUBANESWAR DEVELOPMENT AUTHORITY, BHUBANESWAR on 11 September 2026

of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.28234 of 2026 CNR No. ODHC010672852026 Rashmikanta Satapathy …. Petitioner(s) Mr. B.S. Tripathy, Sr. Adv. along with associates Mr. Atul Tripathy, Adv. versus- Bhubaneswar Development Authority & Ors. …. Opposite Party(s) Mr.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28234 of 2026

CNR No. ODHC010672852026

Rashmikanta Satapathy

….

Petitioner(s)

Mr. B.S. Tripathy, Sr. Adv.

along with associates

Mr. Atul Tripathy, Adv.

versus-

Bhubaneswar

Development Authority

& Ors.

….

Opposite Party(s)

Mr. Tej Kumar, ASC

CORAM:

HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI

Order No.

01.

ORDER

11.09.2026

1. This matter is taken up through hybrid arrangement.

2. In filing the present Writ Petition, the Petitioner has sought for a direction from this Court to the Opposite Party Nos.1 & 2 for clearing the unauthorized encroachment made over the public road in question more particularly over the Sub-Plots of Plot no.224, Mouza-Bhagabanpur, which is noticed vide letter No.17346 dated 24.05.2014 vide Annexure-2.

3. Heard learned counsel for the Parties.

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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 and also before the Vice-Chairman, Bhubaneswar Development Authority vide Annexure-5 (series), no decision has been taken on the said grievance of the Petitioner till today.

5. He, accordingly, prays for a direction to the Vice- Chairman, Bhubaneswar Development Authority for considering the said grievance of the Petitioner vide Annexure-5 (series) taking into account the communication vide Annexure-2.

6. Learned counsel for the State submits that he has no objection, if the representation at the instance of the Petitioner is considered by the

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Bhubaneswar Development Authority in accordance with law, which is stated to be pending as of now.

7. Considering the submissions made on behalf of the parties, this Court directs the Vice-Chairman, Bhubaneswar Development Authority to look into the grievance of the Petitioner vide Annexure-5 (series) and pass a lawful order in the matter keeping in view the communication vide Annexure-2 within a period of fifteen working days from the date of presentation of an authenticated copy of this order.

8. It is also made clear that despite the direction of this Court, if the encroachment made over the public property is not cleared, the Petitioner may prefer a CONTC.

9. This Writ Petition is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta

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