Suryakanta Behera Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No.16420 of 2026

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1. Suryakanta Behera

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… Petitioners

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2. Arakshita Behera

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Mr. D. R. Bhokta, Advocate

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-versus- 1. State of Odisha, …. Opposite Parties represented through the Secretary to Government in Panchayatiraj Department, Bhubaneswar

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2. Collector, Jagatsinghpur

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3. Sub-Collector, Jagatsinghpur

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4. Tahasildar, Kujang, Jagatsinghpur 5. B.D.O., Kujang, Jagatsinghpur

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6. Sarpanch, Kujang Panchayat, Jagatsinghpur

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Mr. M. R. Mohanty, AGA

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CORAM: JUSTICE V. NARASINGH ORDER

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22.06.2026

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Order No.

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01. 1. Heard learned counsel for the Petitioners and

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learned counsel for the Opposite Parties.

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The grievance of the Petitioner is that the Sarpanch, Kujang Panchayat (Opposite Party No.6) without following the due process of law is in the

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process of allotting the shop rooms constructed by the Gram Panchayat in favour of his well-wishers and relatives.

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It is submitted by the learned counsel that such glaring acts of nepotism are violative of the Petitioners' right to be considered for such allotment.

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It is further submitted that ventilating their grievance a representation has been made to the Collector, Jagatsinghpur (Opposite Party No.2).

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It is also submitted that notwithstanding the same, the Sarpanch, Kujang Panchayat (Opposite Party No.6) is proceeding with undue haste for which interference of this Court is sought for.

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Learned counsel for the State opposes such prayer prima facie on the ground that admittedly the Collector, Jagatsinghpur (Opposite Party No.2) is in seisin of the matter. Hence, the present writ petition is ought not to be entertained.

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Considering submission of the learned counsel for the Petitioners alleging inaction in the matter of consideration of the representation ventilating the grievance that the allotment of the shop rooms should be done in a transparent manner, this Court is persuaded to hold that directing the Opposite Party No.2 to consider the representation of the Petitioner would subserve the ends of justice.

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Page 2 of 3

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Accordingly, it is directed that the Petitioners shall submit a copy of this order along with the copy of the writ petition to the Opposite Party No.2 on or before 30.06.2026.

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In the event the same is submitted as per the aforesaid finding, Opposite Party No.2 shall do well to consider the same within a period of six weeks and communicate the decision taken thereof to the Petitioners.

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5A. Considering the tenor of the allegation status quo regarding the allotment of the shops in question shall be maintained till the matter is disposed of by the Opposite Party No.2 (Collector, Jagatsinghpur) since the matter is disposed of at this stage of admission, liberty is granted to the Opposite Parties to seek variance.

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