Subhalaxmi Sahoo Vs the State of Odisha — Orissa HC (2026) — LawSathi Research

Subhalaxmi Sahoo Vs the State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection from eviction: the Petitioner may not be evicted from the case land until Opposite Party No.3 (Commissioner, BMC) considers her representation (to be filed within fifteen days with certified copy of the order and copy of the writ petition) and takes a decision in accordance with law within eight weeks thereafter.

Issue for consideration

Whether the Petitioner, despite holding a Land Right Certificate over Plot No.263 (Khata No.4689, mouza-Bhubaneswar Unit-39 Gadakana), may be evicted from the case land by the Opposite Parties without issuing any notice and without giving her any opportunity of hearing.

Court's answer

The writ petition is disposed of with an observation that if the Petitioner files a representation to the Commissioner, Bhubaneswar Municipal Corporation (Opposite Party No.3) within fifteen days, along with certified copy of this order and a copy of the writ petition, Opposite Party No.3 shall consider it and take a decision in accordance with law within eight weeks thereafter.

Ratio / Principle

Until Opposite Party No.3 takes a decision on the Petitioner's representation, the Petitioner may not be evicted from the case land.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, W.P.(C) No.1944 of 2026 (Justice B.P. Routray, order dated 03.02.2026) - disposed. Petitioner Subhalaxmi Sahoo, holder of a Land Right Certificate dated 17.02.2024 (Annexure-1) for 484 sq. ft. over Plot No.263, Khata No.4689, mouza-Bhubaneswar Unit-39 Gadakana, complained that the Opposite Parties were proceeding to evict her without any notice or opportunity of hearing. The court disposed of the petition with an observation that a representation filed with the Commissioner, Bhubaneswar Municipal Corporation (Opposite Party No.3) within fifteen days, together with certified copy of the order and copy of the writ petition, would be considered and decided in accordance with law within eight weeks thereafter, and that the Petitioner may not be evicted from the case land till such decision is taken.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1944 of 2026

Subhalaxmi Sahoo

…. Petitioner Mr. S.C. Puspalaka, Advocate -versus-

The State of Odisha and others

…. Opposite Parties Mr. T.K. Dash, A.G.A.

CORAM: JUSTICE B. P. ROUTRAY

ORDER 03.02.2026

Order No.

Heard Mr. S.C. Puspalaka, learned counsel for the Petitioner and Mr. T.K. Dash, learned Additional Government Advocate for the State-Opposite Parties.

The grievance of the Petitioner is that, though the Land Right Certificate to the extent of 484 sq. ft. over Plot No.263 under Khata No.4689 of mouza-Bhubaneswar Unit-39 Gadakana vide the Certificate dated 17.02.2024 under Annexure-1 has been issued, but now the Opposite Parties without issuing any notice are proceeding for eviction of the Petitioner without giving her any opportunity of hearing.

Considering such limited of grievance of the Petitioner, the writ petition is disposed of with an observation that in the event the Petitioner files a representation to the Commissioner, Bhubaneswar Municipal Corporation (Opposite Party No.3) highlighting her grievance within a period of fifteen days from today along with certified copy of this order and a copy of the writ petition, the Opposite Party No.3 shall consider the same and take a decision, in accordance with law, within a period of eight

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 03-Feb-2026 15:05:29

weeks thereafter. Till such decision is taken by Opposite Party No.3, the Petitioner may not be evicted from the case land.

An urgent certified copy of this order be granted on proper application.

( B.P. Routray)

B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 03-Feb-2026 15:05:29

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