Bibhuti Bhusan Mishra Vs the State of Odisha — Orissa HC (2026) — LawSathi Research

Bibhuti Bhusan Mishra Vs the State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of permitting the Petitioner to appear before Opposite Party No.2 on any working day on or before 22nd May 2026 and file his show-cause reply; Opposite Party No.2 to consider the reply, grant due opportunity of hearing and decide in accordance with law within four weeks of filing; till such decision, no eviction/demolition to be effected in respect of the Petitioner's building; Petitioner to co-operate for early disposal.

Issue for consideration

Whether the Petitioner should be permitted to appear before Opposite Party No.2 and file his show-cause reply to the notice dated 16th January 2026 (Annexure-1), and whether protection from eviction/demolition of his building should continue till a decision is taken in the proceeding.

Court's answer

The writ petition is disposed of permitting the Petitioner to appear before Opposite Party No.2 on any working day on or before 22nd May 2026.

Ratio / Principle

Opposite Party No.2 is directed to consider the Petitioner's show-cause reply, grant due opportunity of hearing, and take a decision in accordance with law within four weeks from the date of filing of the show-cause reply.

Key takeaways

Interim protection: till such decision is taken by Opposite Party No.2, no eviction/demolition shall be effected in respect of the Petitioner's building.ratio¶23
As undertaken on behalf of the Petitioner, he will co-operate for early disposal of the proceeding before Opposite Party No.2.ratio¶25

Detailed headnote1 paragraphs

Writ petition disposed of on the Petitioner's submission. Pursuant to a notice dated 16th January 2026 (Annexure-1) issued by Opposite Party No.2, the Petitioner had not appeared before it. The Court permitted the Petitioner to appear before Opposite Party No.2 on any working day on or before 22nd May 2026 and to file his show-cause reply. Opposite Party No.2 was directed to consider the show-cause reply, grant due opportunity of hearing to the Petitioner and take a decision in accordance with law within four weeks from the date of filing of the show-cause reply. Till such decision, no eviction/demolition was to be effected in respect of the Petitioner's building. The Petitioner undertook to co-operate for early disposal of the proceeding.

Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 07-May-2026 15:19:25

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2141 of 2026

Bibhuti Bhusan Mishra

…. Petitioner

Mr. A.P.Bose, Advocate

-versus-

State of Odisha & Ors.

…. Opposite Parties

Mr. G.Tripathy, AGA for O.P.1, 3 to 5 Mr. G.Agarwala, Sr.Advocate for O.P.2

CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

07.05.2026

Order No.

1. Heard Mr. Bose, learned counsel for the Petitioner, Mr. Triapthy, learned AGA for O.P.1, 3 to 5 and Agarwala, learned Senior Counsel for Opposite Party No.2.

It is fairly submitted by the Petitioner that pursuant to the notice dated 16^th January 2026 under Annexure-1, he has not appeared before Opposite Party No.2.

Mr. Bose, learned counsel for the Petitioner, further submits that he may be granted two weeks time to appear before Opposite Party No.2 in terms of the notice under Annexure-1 and to file his show-cause reply.

Upon hearing Mr. Agarwala, learned Senior Counsel for Opposite Party No.2 as well as Mr. Tripathy, learned AGA, the writ petition is disposed of permitting the Petitioner to appear before Opposite Party No.2 on any working day on or before 22^nd May 2026

Page 1 of 2

Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 07-May-2026 15:19:25

and to file his show-cause reply. In such event, Opposite Party No.2 is directed to consider his show-cause reply, grant due opportunity of hearing to the Petitioner and take decision, in accordance with law, within a period of four weeks from the date of filing of the showcause reply. Till such decision is taken by Opposite Party No.2, no eviction/demolition shall be effected in respect of the building of Petitioner.

As undertaken on behalf of the Petitioner, he will co-operate for early disposal of the proceeding before Opposite Party No.2.

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

( B.P. Routray) Judge

S.Das

Page 2 of 2