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

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

What the court decided

AI extract

Outcome

Writ application and interim application disposed of: Opposite Party No.3 (Land Officer (TP), Bhubaneswar Development Authority) directed to dispose of the pending representation (Annexure-5) by a reasoned order within six weeks from 19.06.2026; till then, possession of the land in Mouza-Paikraypur, Bhubaneswar Tahasil (Khata No. 306, Plot No.1614, Ac. 0.008 dec., TP1-2344/1) not to be handed over to anyone; petitioner undertakes to file a copy of the order and writ application before Opposite Party No.3 within one week; urgent certified copy on proper application.

Issue for consideration

Whether possession of Plot No. TP1-2344/1 should be handed over to the recorded owners (Opposite Parties No.5 and 6) while the RoR stands in the names of the petitioner's vendors and the petitioner's Mutation Case No.28458 of 2025 is pending. +3 more

Ratio / Principle

In view of the submissions and the order proposed to be passed, notice to the Opposite Parties was not considered necessary.

Key takeaways

The writ application and interim application were disposed of by directing Opposite Party No.3, the Land Officer (TP), Bhubaneswar Development Authority, before whom the representation (Annexure-5) was pending, to dispose of the representation by a reasoned order within six weeks.ratio¶¶35
Till disposal of the representation, possession of the land in Mouza-Paikraypur, Bhubaneswar Tahasil (Khata No. 306, Plot No.1614, Ac. 0.008 dec., TP1-2344/1) shall not be handed over to anyone.ratio¶¶35

Detailed headnote1 paragraphs

Writ petition W.P.(C) No.17494 of 2026, High Court of Orissa at Cuttack, order dated 19.06.2026 by Hon'ble Miss Justice Savitri Ratho (Vacation Judge). Petitioner Veer Prakash purchased the land under Plot No. TP1-2344/1 vide RSD No.1404 dated 06.02.2008; his Mutation Case No.28458 of 2025 is pending and the RoR still stands in his vendors' names, while BDA authorities were proceeding to hand over possession of the plot to the recorded owners (Opposite Parties No.5 and 6). His representation dated 14.05.2026 (Annexure-5) to the Land Officer (TP), BDA (received 15.05.2026) seeking withholding of possession till disposal of the Mutation Case remained pending. The Court deemed issuance of notice to the Opposite Parties unnecessary and disposed of the writ and interim applications, directing Opposite Party No.3 to dispose of the representation by a reasoned order within six weeks; meanwhile possession of the land at Mouza-Paikraypur, Bhubaneswar Tahasil (Khata No.306, Plot No.1614, Ac.0.008 dec., TP1-2344/1) shall not be handed over to anyone. Opposite Parties may seek variation if prejudiced; petitioner to file copies of the order and writ application before Opposite Party No.3 within one week; urgent certified copy on proper application.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 17494 of 2026

Veer Prakash

Petitioner

Mr. S.P. Misra, Senior Advocate

assisted by Mr. A.K. Padhi, Advocate

-versus-

1. The Secretary, Bhubaneswar 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. Bharat Chandra Sahoo

6. Satrughana Sahoo

…. Opposite

Parties

Mr. Gautam Tripathy, AGA

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

19.06.2026

(Through virtual mode)

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. TP1-2344/1 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. TP1-2344/1 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. TP1-2344/1 is situated vide RSD No. 1404 dated 06.02.2008 and the Petitioner has filed Mutation Case No.28458 of 2025. 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 and 6). 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.

It is, however, open to the Opposite Parties to approach this

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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. 306 having Plot No.1614 measuring an area of Ac. 0.008 dec. (TP1-2344/1) 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.

puspa

Signature Not Verified

(Savitri Ratho) Vacation Judge

Digitally Signed

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

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