Basanta Kumar Rath vs State Of Odisha .... Opposite Parties on 21 January, 2026

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Orissa High Court

Basanta Kumar Rath vs State Of Odisha .... Opposite Parties on 21 January, 2026

Bench: V. Narasingh

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                      W.P.(C) No.1930 of 2026

         Basanta Kumar Rath            ....           Petitioner
                                       Mr. J. Bhuyan, Advocate
                                 -versus-

        1.

State of Odisha .... Opposite Parties represented through its Secretary, Housing & Urban Development, Bhubaneswar, Dist.-

Khurda.

2. Collector, Kandhamal

3. Sub-Collector, Kandhamal

4. Tahasildar, Kandhamal

5. Executive Officer, Phulbani Municipal Corporation, Phulbani Mr. M. R. Mohanty, AGA CORAM: JUSTICE V. NARASINGH Order ORDER No. 21.01.2026

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The grievance of the Petitioner is that notwithstanding permission for construction of his proposed double storey commercial-cum-residential Page 1 of 3 building as granted under letter dated 17.03.2022, he is now been threatened with coercive action in view of the impugned notice issued by the Municipality, Phulbani at Annexure-07 dated 30.12.2025.

3. Attention of this Court is drawn to the said annexure which is in vernacular indicating that though the notice was issued on 30.12.2025, he was given a day's time to submit his show cause. Notwithstanding the same he has submitted his documents on the very next day and the same has been received by the authorities which is borne out from the endorsement stated to be of the Municipality Authority, Phulbani.

4. It is submitted by the learned counsel for the Petitioner that notwithstanding the submission of the show cause along with relevant documents to indicate that he has the necessary permission for the building of the commercial complex, because of extraneous considerations, he is facing imminent threat of coercive action.

5. Considering the submissions and the recitals and the documents on record, this Court directs the Executive Officer, Phulbani Municipal Corporation, Phulbani (Opposite Party No.05) to consider the show cause submitted and pass a reasoned order Page 2 of 3 within a period of two weeks from the date of receipt of copy of this order and after giving an opportunity of hearing to the Petitioner or his authorised representative.

6. Till decision is taken on the representation of the Petitioner at Annexure-08, no coercive action shall be taken in respect of the Petitioner's building in Plot No.1503/2352 appertaining to Khata No.807/147, Ac0.006 R. Kissam-Gharabari, Mouza- Olenbatch Nagar.

7. Accordingly, the Writ Petition stands disposed of.

8. Liberty is granted to the Opposite Parties to seek variance of this order.

(V. NARASINGH) Judge Jina Signature Not Verified Digitally Signed Signed by: JINA DIGAL Page 3 of 3 Reason: Authentication Location: High Court of Orissa Date: 22-Jan-2026 11:17:07

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