Veer Prakash Vs the Secretary, Bhubaneswar Development Authority, Bhubaneswar — Orissa HC (2026) — LawSathi Research

Veer Prakash Vs the Secretary, Bhubaneswar Development Authority, Bhubaneswar — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The writ application and I.A. No. 10555 of 2026 were disposed of with the following directions: (i) Opposite Party No.3 (Land Officer (TP), Bhubaneswar Development Authority) to dispose of the petitioner's pending representation (Annexure-5) by a reasoned order within six weeks; (ii) till then, possession of the land in Mouza-Paikraypur, Bhubaneswar Tahasil, Khata No. 06, Plot No.1400, Ac. 2.454 dec. (TP3-208/1) shall not be handed over to anyone; (iii) the petitioner undertook to file a copy of the order along with a copy of the writ application before Opposite Party No.3 within one week; urgent certified copy to be granted on proper application.

Issue for consideration

Whether the BDA authorities (Opposite Parties Nos. 1-3) should be restrained from delivering symbolic possession of TP Plot No. TP3-208/1, based on the entry in the ROR (Annexure-2) recording the vendors as owners, until the Mutation ROR is issued in the petitioner's name / the petitioner's representation and Mutation Case are disposed of.

Court's answer

The court directed Opposite Party No.3 – the Land Officer (TP), Bhubaneswar Development Authority, before whom the petitioner's representation (Annexure-5) is stated to be pending, to dispose of the representation by a reasoned order within a period of six weeks.

Ratio / Principle

As an interim measure, till disposal of the representation, possession of the land situated in Mouza-Paikraypur of Bhubaneswar Tahasil under Khata No. 06 having Plot No.1400 measuring an area of Ac. 2.454 dec. (TP3-208/1) shall not be handed over to anyone.

Key takeaways

In view of the submissions made and the order proposed to be passed, the court considered it unnecessary to issue notice to the Opposite Parties and proceeded to dispose of the writ application and interim application forthwith.ratio¶32
It remains open to the Opposite Parties to approach the Court for variation of this order in case there has been suppression of any material facts or if they are prejudiced by the order in any way.obiter¶34

Detailed headnote1 paragraphs

Writ petition (civil) — W.P.(C) No. 17491 of 2026 (with I.A. No. 10555 of 2026), High Court of Orissa at Cuttack; heard through virtual mode; order dated 19.06.2026 by Hon'ble Miss Justice Savitri Ratho (Vacation Judge). Veer Prakash (through Mr. S.P. Misra, Senior Advocate, assisted by Mr. A.K. Padhi) versus BDA/Town Planning officials — Secretary BDA, Deputy Commissioner (TP), Land Officer (TP) BDA and Tahasildar, BBSR (Opposite Parties 1-4; Mr. Gautam Tripathy, AGA) — and private recorded owners Aadikanta Bai, Bhimsen Pradhan and Kuntala Bewa (Opposite Parties 5-7). Petitioner purchased the land underlying Plot No.TP3-208/1 (Mouza-Paikraypur, Khata No. 06, Plot No.1400, Ac. 2.454 dec.) vide RSD Nos. 2009, 2510 and 2670 (Feb-Mar 2008); the RoR still stands in the vendors' names; Mutation Case No.12495 of 2026 pending; representation dated 14.05.2026 to the Land Officer (TP), BDA (Annexure-5) undisposed while BDA proceeded to hand over possession to the recorded owners. Prayer: direction for delivery of symbolic possession to the petitioner, or restraint on Opposite Parties 1-3 till the Mutation ROR issues. Held: without issuing notice, the writ application and interim application were disposed of directing Opposite Party No.3 to dispose of the representation by a reasoned order within six weeks, and directing that till such disposal the possession of the plot shall not be handed over to anyone; variation of the order left open to the Opposite Parties in case of suppression or prejudice.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 17491 of 2026

Veer Prakash

Petitioner

Mr. S.P. Misra, Senior Advocate

assisted by Mr. A.K. Padhi, Advocate

-versus-

1. The Secretary, Bhubaneswar …. Opposite Party Development Authority, BBSR

2. The Deputy Commissioner (TP),

Town Planning Branch, BBSR

3. The Land Officer (TP), BDA, Town Planning Branch, Bhubaneswar Development Authority, BBSR

4. Tahasildar, BBSR

5. Aadikanta Bai

6. Bhimsen Pradhan

7. Kuntala Bewa

Mr. Gautam Tripathy, AGA

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

19.06.2026

W.P.(C) No. 17491 of 2026

&

I.A. No. 10555 of 2026

(Through virtual mode)

1. This writ petition has been filed with the following prayer:-

“It is therefore prayed that Your Lordships may graciously be pleased to Admit the case, issue notice to the Opp. Parties and on hearing a direction to the Opp. Party No- 2 to deliver the symbolic possession of the TP Plot No. TP3-208/1 to the petitioner.

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Or in alternate, restrain the O.P No-1 to 3 from delivering the symbolic possession of the TP Plot No. TP3-208/1 based on the entry in the ROR under Annexure-2, till the Mutation ROR is issued in the name of the Petitioner.”

Mr. S.P. Misra, learned Senior Advocate submits that the Petitioner had purchased the land on which Plot No.TP3-208/1 is situated vide RSD Nos. 2009 dated 23.02.2008, 2510 dated 10.03.2008 & 2670 dated 15.03.2008 and the Petitioner has filed Mutation Case No.12495 of 2026. As the RoR still stands in the names of the vendors of the Petitioner, the BDA authorities are proceeding to hand over possession of the said plot to the recorded owner (Opposite Parties No.5, 6 and 7). The Petitioner has submitted a representation dated 14.05.2026 to the Land Officer (TP), Bhubaneswar Development Authority-Opposite Party No.3 (Annexure-5) which has been received on 15.05.2026, requesting them not to hand over the possession of the plot till disposal of the Mutation Case, but the same is still pending.

In view of the above submissions and the order which I propose to pass, I do not consider it necessary to issue notice to the Opposite Parties.

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It is, however, open to the Opposite Parties to approach this Court for variation of this order, in case, there has been suppression of any material facts or if they are prejudiced by this order in any way.

This writ application and interim application are disposed of directing the Opposite Party No.3-the Land Officer (TP), Bhubaneswar Development Authority before whom the representation (Annexure-5) stated to be pending, to dispose of the representation by a reasoned order within a period of six weeks from today. Till disposal of the representation, the possession of the land situated in Mouza-Paikraypur of Bhubaneswar Tahasil under Khata No. 06 having Plot No.1400 measuring an area of Ac. 2.454 dec. (TP3-208/1) shall not be handed over to anyone.

The Petitioner undertakes to file a copy of this order along with a copy of the writ application before Opposite Party No.3 within a period of one week.

Urgent certified copy of this order be granted on proper application.

Signature Not Verified puspa

Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 20-Jun-2026 14:43:39

(Savitri Ratho) Vacation Judge

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