The High Court dismissed a PIL filed by a third party challenging the construction of a Kalyan Mandap on private land. The Court held the petitioner had no locus standi as he was not the owner or interested party.
Petition dismissed with costs of ₹50,000 to be deposited with the Odisha State Legal Services Authority within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26186 of 2026(PIL)
CNR No.ODHC010599762026
Biswanath Behera
…. Petitioner
Mr. Pritam Kumar Mohanty, Advocate
-Versus-
State of Odisha & Ors.
…. Opp. Parties
Mr. Debashis Tripathy, AGA
CORAM:
HON’ BLE THE CHIEF JUSTICE AND
HON’BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No.
01.
10.09.2026
1. Heard learned counsel for the parties.
2. This is one of the classical examples where the remedy in
the nature of a Public Interest Litigation (PIL) is misused and abused
by a person for settling his personal score. The said observation is
fortified by the facts emanating from the instant Writ Petition, which
reveal that the Kalyan Mandap has been constructed by the authority
on private land. Admittedly, the Petitioner is neither the owner nor
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the occupier nor the settlee of the said land. The owner of the said land has not raised any objection, yet a third party having no right in respect of the said land is misusing the fiat of Public Interest Litigation.
3. The right to property is a constitutional right enshrined under Article 300-A of the Constitution of India. A person who is the owner of the property has every right to protect his property and also deal with the same. A third person who has no semblance of right, title and interest in respect of the said property cannot use the tool of Public Interest Litigation and invite the attention of the Court that the Kalyan Mandap cannot be constructed thereat.
4. Though the learned Additional Government Advocate submits
that the said construction was made after obtaining no objection from the owner of the said land, yet, without taking into account the aforesaid fact, we find that the Petitioner has no locus standi to maintain the Public Interest Litigation in this regard. There is no infringement of any fundamental right guaranteed to the citizen, nor of the constitutional right emanating from Article 300-A of the Constitution of India. Therefore, a third party raising a concern which
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impedes the right to property enjoyed by the rightful owner, such frivolous Public Interest Litigation deserves dismissal with exemplary costs.
5. The Petition is dismissed with costs of ₹50,000/-, to be deposited with the Odisha State Legal Services Authority within two weeks from the date of this order. In the event the said deposit is made, the same shall be kept in the account earmarked for Juveniles.
(Harish Tandon)
(Chittaranjan Dash)
AKPradhan/Priyanka
Signature Not Verified
Digitally Signed Signed by: PRIYANKA BARIK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA , CU TTACK Date: 11-Sep-2026 15:25:40
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2 issues framed by the court
Whether a third party with no right, title, or interest in land has locus standi to file a PIL regarding construction on that land.
Whether the dispute infringes any fundamental right or constitutional right under Article 300-A.
1 provisions across 1 enactments
Biswanath Behera
State of Odisha
Chittaranjan Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
