T.Nagbhusan Rao Vs Collector, Rayagada — Orissa HC (2025) — LawSathi Research

T.Nagbhusan Rao Vs Collector, Rayagada — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with direction to opposite party No.2 to dispose of the representation dated 2nd August, 2024 in accordance with law and on merit, taking into account Annexures-6 & 7 (recommendations of opposite party Nos.4 & 3), and with a further direction to consider allotment in favour of the petitioner inside the premises of the newly constructed market complex, preferably within four weeks from receipt of a copy of the order, if there is no embargo or other legal impediment; urgent certified copy as per rules.

Issue for consideration

Whether a direction should be issued to opposite party No.2 to dispose of the petitioner's pending representation dated 2nd August, 2024 (Annexure-8) in accordance with law. +1 more

Court's answer

The Court directed disposal of the representation dated 2nd August, 2024 addressed to opposite party No.2, followed by a decision in accordance with law and on merit.

Ratio / Principle

While deciding the representation, opposite party No.2 is to take into account Annexures-6 & 7, the recommendations of opposite party Nos.4 & 3 respectively.

Key takeaways

A further direction issued to opposite party No.2 to consider any such allotment in favour of the petitioner inside the premises of the newly constructed market complex.ratio¶24
The allotment consideration is to be completed as soon as possible, preferably within four weeks from the date of receipt of a copy of the order, if there is no embargo or other legal impediment.ratio¶27

Detailed headnote1 paragraphs

Orissa High Court (R.K. Pattanaik, J.), W.P.(C) No.15009 of 2025, order dated 10.11.2025 — Petitioner had vacated his shop premises on an understanding that shop rooms would be allotted after construction of the market complex at Muniguda, which did not materialise. He challenged the notification dated 13.05.2025 of opposite party No.2 (Annexure-9); the consequent auction for distribution of shops and café in the newly constructed bus stand at Muniguda was cancelled by notice of the Panchayat Samiti, Muniguda dated 30.05.2025. Since the petitioner's representation dated 02.08.2024 (Annexure-8) remained pending before opposite party No.2, the Court directed its disposal in accordance with law and on merit, taking into account Annexures-6 & 7 (recommendations of opposite party Nos.4 & 3), and further directed opposite party No.2 to consider allotment in favour of the petitioner inside the newly constructed market complex, preferably within four weeks from receipt of a copy of the order, if there is no embargo or other legal impediment. Writ petition disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.15009 of 2025

T. Nagbhusan Rao

…. Petitioner

Mr. S.K. Dash, Advocate

-Versus-

Collector, Rayagada and others …. Opposite Parties Mr. P.K. Ray, AGA Mr. A.P. Das, Advocate

(For OSRTC)

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

10.11.2025

Order No.

Though the matter is not listed today, on being mentioned by the learned counsel for the petitioner, it is taken up on Board by a Special Notice.

Heard Mr. Dash, learned counsel appearing for the petitioner and Mr. Ray, learned AGA for the State.

Instant writ petition is filed by the petitioner challenging the impugned notification dated 13^th May, 2025 of opposite party No.2 vide Annexure-9 on the grounds stated.

Mr. Dash, learned counsel for the petitioner submits that the petitioner and others had vacated the premises with an understanding that the shop rooms would be allotted to them after construction of the market complex, which has not taken place, till date. It is further submitted that the auction is to be

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held in respect of the allotments subsequent to the impugned notification i.e. Annexure-9 but cancelled in the meantime and while claiming so, a notice of the Panchayat Samiti, Muniguda dated 30^th May, 2025 is produced for the Court’s perusal. The further submission is that the petitioner’s grievance as per the representation dated 2^nd August, 2024 at Annexure-8 is pending consideration of opposite party No.2, hence, necessary direction may perhaps be issued in that regard.

Mr. Das, learned counsel for opposite party No.3 appears through virtual mode.

Since, in the meantime, auction was to be held towards distribution of shops and café in the newly constructed bus stand at Muniguda but cancelled in view of the notice dated 30^th May, 2025 as against the notification i.e. Annexure-9, recording the submissions of learned counsels for the petitioner and OSRTC besides Mr. Ray, learned AGA for the State, this Court is inclined to direct disposal of the representation dated 2^nd August, 2024 addressed to opposite party No.2 followed by a decision in accordance with law and on merit taking into account Annexures-6 & 7, which are the recommendations of opposite party Nos.4 & 3 respectively.

7. Accordingly, it is ordered.

In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party No.2 with a further direction to consider any such allotment in

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Alok

favour of the petitioner inside the premises of the newly constructed market complex, as soon as possible, preferably within a period of four weeks from the date of receipt of a copy of the order, if there is no embargo or other legal impediment.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge

Signature Not Verified

Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 11-Nov-2025 17:38:32

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