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

Direction to Opposite Party No.3 (Land Officer (TP), BDA) to dispose of the petitioner's pending representation (Annexure-5) by a reasoned order within six weeks; interim restraint that possession of the land in Mouza-Paikraypur (Khata No. 10, Plot No.937, Ac. 0.358 dec., TP1-1868) shall not be handed over to anyone till disposal of the representation; petitioner to serve a copy of the order and writ application on Opposite Party No.3 within one week.

Issue for consideration

Whether the petitioner, who purchased the land underlying TP Plot No. TP1-1868 and whose Mutation Case No.8025 of 2026 is pending with the RoR still standing in the vendors' names, should be directed delivery of symbolic possession of the plot, or alternatively whether Opposite Parties Nos. 1-3 should be restrained from delivering symbolic possession based on the existing ROR entry until a Mutation ROR is issued in the petitioner's name.

Court's answer

In view of the submissions and the order proposed to be passed, the Court did not consider it necessary to issue notice to the Opposite Parties.

Ratio / Principle

The writ application and interim application are disposed of, directing 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 six weeks.

Key takeaways

Till disposal of the representation, possession of the land situated in Mouza-Paikraypur of Bhubaneswar Tahasil under Khata No. 10, Plot No.937 (Ac. 0.358 dec.) (TP1-1868) shall not be handed over to anyone.ratio¶31
It is open to the Opposite Parties to approach the Court for variation of the order in case of suppression of any material facts or if they are prejudiced by the order in any way.obiter¶28
The Petitioner undertakes to file a copy of the order along with a copy of the writ application before Opposite Party No.3 within one week.

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No. 17496 of 2026, High Court of Orissa at Cuttack, Savitri Ratho, Vacation Judge) by Veer Prakash, purchaser of the land underlying TP Plot No. TP1-1868 (RSD No. 3624 dated 09.04.2008), whose Mutation Case No.8025 of 2026 is pending and whose representation dated 14.05.2026 to the Land Officer (TP), BDA (Annexure-5) remained undisposed, seeking delivery of symbolic possession of the plot or, alternatively, restraint on Opposite Parties Nos. 1-3 from delivering symbolic possession to the recorded owner (Opposite Party No.5) based on the existing ROR entry. Without issuing notice, the Court disposed of the writ application and interim application, directing Opposite Party No.3 to dispose of the representation by a reasoned order within six weeks, and ordering that till such disposal the possession of the land in Mouza-Paikraypur, Bhubaneswar Tahasil (Khata No. 10, Plot No.937, Ac. 0.358 dec., TP1-1868) shall not be handed over to anyone. The petitioner undertook to serve a copy of the order and writ application on Opposite Party No.3 within one week; the Opposite Parties were left at liberty to seek variation of the order.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 17496 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. Kamadev Pattnaik

…. 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. TP1-1868 to the petitioner.

Or in alternate, restrain the O.P No-1 to 3 from delivering the symbolic possession of the TP Plot No.

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TP1-1868 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. TP1-1868 is situated vide RSD No. 3624 dated 09.04.2008 and the Petitioner has filed Mutation Case No.8025 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 Party No.5). 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 Court for variation of this order, in case, there has been

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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. 10 having Plot No.937 measuring an area of Ac. 0.358 dec. (TP1-1868) 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.

(Savitri Ratho) Vacation Judge

Signature Not Verified puspa

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

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