Orissa High Court
WP(C)/18566/2026 of PURNA CHANDRA ROUT Vs STATE OF ODISHA on 19 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18566 of 2026 CNR No. ODHC010404952026 Purna Chandra Rout …. Petitioner Mr. P.K. Satapathy, Advocate -Versus- State of Odisha & others …. Opp. Parties Ms. B. Dash, ASC CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18566 of 2026
CNR No. ODHC010404952026
Purna Chandra Rout
….
Petitioner
Mr. P.K. Satapathy, Advocate
-Versus-
State of Odisha & others
….
Opp. Parties
Ms. B. Dash, ASC
CORAM:
HON’BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
19.08.2026
01.
1. The councilor of the municipality has taken out this writ petition by giving an illusory cause of action that the contract awarded to the Opposite Party No.5 by giving 5.99% less than the scheduled rate and claiming 3.85% excess to the scheduled rate is in violation of Government instructions and tantamount to an unjust encroachment. He, being the elected member of the council, ought to have raised such issue before the municipal council and even if the same is raised, the majority view would have been against his objection. The litigant cannot be permitted to espouse the cause because of something which is coming within the official discharge of duties and in the event, any objection is raised, the forum available in this regard would have taken care of.
2. We, thus, do not find any locus of the councilor to raise his dissenting voice through the extraordinary powers conferred upon this Court under Article 226 of the Constitution of India. We do not find any element for invocation of our powers conferred under the aforesaid Article. The writ petition is accordingly dismissed.
(Harish Tandon) Chief Justice
(Chittaranjan Dash) Judge
Bijay/ Sarbani Digitally Signed Signed by: SARBANI DASH Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Aug-2026 16:08:43 Signature Not Verified