Disposed¶30

Ananta Charan Sahani v. State of Odisha

Orissa HC10 Feb 2026WP(C)/2789/2022

Case brief

AI extract

What is this about?

Maintainability of writ petition; non-impleading of allottees whose civil rights are affected; Gram Panchayat shop room allotment after fire accident of 01.01.2019; allotment order dated 22.12.2021 at Annexure-C/3; Panchayat resolution Annexure-4; petitioner application Annexure-6; allegation of forged agreements due to date discrepancies; priority consideration for fresh shop rooms without prejudice; Indupur Grama Panchayat, Kendrapara, Odisha; disposed with liberty; Bench: V. Narasingh, J.; W.P.(C) No.2789 of 2022.

What did the court decide?

Writ petition disposed of; liberty given to the petitioner to pursue his grievance, with any future request for allotment of the fresh shop rooms on priority basis to be considered on its own merit without prejudice from the non-entertainment of this writ petition. ¶30

Ananta Charan Sahani Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to be allotted a renovated/reconstructed shop room by Opposite Party No.3 on monthly rent basis, considering the Panchayat resolution (Annexure-4) and the petitioner's application (Annexure-6). +1 more

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Court's answer

Liberty is given to the petitioner to pursue his grievance regarding the fresh shop rooms which are due for allotment; if the petitioner seeks allotment on priority basis, it shall be considered on its own merit without being prejudiced by the non-entertainment of the present writ petition.

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Ratio / Principle

Since the shop rooms in question had already been allotted vide order dated 22.12.2021 (Annexure-C/3) and the allottees were not impleaded, the writ petition is not maintainable in their absence, as the allottees' civil rights are going to be affected.

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Key takeaways

Accordingly, the Court is not inclined to entertain the writ petition.ratio¶29

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.2789 of 2022, High Court of Orissa at Cuttack, V. Narasingh, J., order dated 10.02.2026) by Ananta Charan Sahani, whose shop room under Indupur Grama Panchayat, Kendrapara was gutted in a fire on 01.01.2019, seeking allotment of a renovated/reconstructed shop room on monthly rent basis per the Panchayat resolution (Annexure-4) and his application (Annexure-6). The Court noted that, as per Annexure-C/3, the shop rooms in question had already been allotted vide order dated 22.12.2021 and the allottees had not been impleaded; since their civil rights would be affected, the writ petition was held not maintainable and was not entertained. The petition was disposed of with liberty to the petitioner to pursue his grievance, any future request for allotment of the fresh shop rooms on priority basis to be considered on its own merit without being prejudiced by the non-entertainment of the present petition. The petitioner's contention that the subsequent agreements were forged due to date discrepancies was noted but not adjudicated.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2789 of 2022

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Ananta Charan Sahani

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…. Petitioner

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Mr. H. S. Rao, Advocate

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-versus-

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1. State of Odisha, …. Opposite Parties represented through the Collector, Kendrapara

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2. The District Panchayat Officer, Kendrapara

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3. Block Development Officer, Kendrapara Block

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4. Indupur Grama Panchayat, represented Through Panchayat Executive Officer

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Mr. P. K. Ray, AGA

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CORAM: JUSTICE V. NARASINGH

Order

No.

04.

ORDER

10.02.2026

Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

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The grievance of the Petitioner is that since the time of his father he was having a shop room under the

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Gram Panchayat and to fortify his stand he relies on the rent receipt at Annexure-1.

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It is stated that his shop room and others were gutted in a fire on 01.01.2019 and thereafter, a decision was taken by the office of the Sarpanch, Indupur gram panchayat to allot him a shop room after renovation because of the fire accident.

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It is the grievance of the Petitioner that though the new shop rooms have been constructed, instead of allotting the same to him, his claim is being ignored and with such averments the writ petition has been filed seeking the following reliefs:-

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“The petitioner therefore, prays that this Hon'ble court may be graciously pleased to admit the writ application and after hearing the counsel of the petitioner direct the Opp.Party No.3 to take appropriate steps considering the Panchayat resolution, annexure- 4 and the application of the petitioner vide annexure-6 to allot a shop room in favour of the petitioner on monthly rent basis, which is renovated/reconstructed by Panchayat for shop, used previously.

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Xxx xxx xxx”

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Learned counsel for the State per contra submits that in the meanwhile the shop rooms in question have already been allotted and he relies on the allotment order, which is on record at Annexure-

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C/3, and also the subsequent agreement entered into between the parties.

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Referring to the said agreement, it is submitted by the learned counsel for the Petitioner that the agreements have been forged since there is discrepancies regarding the dates.

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Be that as it may, since admittedly as per Annexure-C/3, the shop rooms in question have been allotted vide order dated 22.12.2021 and the allottees have not been impleaded, the writ petition is not maintainable in their absence, since their civil rights are going to be affected. Accordingly, this Court is not inclined to entertain the writ petition.

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The writ petition is accordingly disposed of. Liberty is given to the Petitioner to pursue his grievance, since it is stated that fresh shop rooms have been constructed, which are due for allotment. In such event if the Petitioner seeks for allotment on priority basis, the same shall be considered on its own merit without being prejudiced by non-entertainment of the present writ petition.

(V. NARASINGH)

Judge

Jina

Signature Not Verified

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Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 12-Feb-2026 11:53:31

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