Manas Kumar Jena Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Manas Kumar Jena Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of at the stage of admission: liberty to the Petitioner to make a fresh representation to the Executive Officer, Sundargarh Municipality (Opposite Party-04) within one week with a copy of the Writ Petition by speed post; the Executive Officer to consider the grievance sympathetically keeping in view the Petitioner's rights in the light of Articles 21 and 19(1)(g) of the Constitution and take a decision within two weeks of receipt; and no coercive action against the Petitioner until such decision is taken and communicated.

Issue for consideration

Whether the Petitioner, who holds a Trade License and a certificate under the Food Safety and Standards Act, 2006 for his food vending establishment (Hotel Manshika), is facing imminent threat of eviction without any notice having been given, in violation of prescribed norms. +1 more

Court's answer

Liberty granted to the Petitioner to make a fresh representation to the Executive Officer, Sundargarh Municipality (Opposite Party-04) within one week, along with a copy of the Writ Petition by speed post.

Ratio / Principle

The Executive Officer, Sundargarh Municipality (Opposite Party-04) is called upon to consider the Petitioner's grievance sympathetically, keeping in view his rights in the light of Articles 21 and 19(1)(g) of the Constitution, and to take a decision within two weeks of receipt of the representation.

Key takeaways

Interim protection: until such decision is taken and communicated to the Petitioner, no coercive action shall be taken against him.ratio¶26
The Writ Petition, along with the IA, is disposed of accordingly.ratio¶27

Detailed headnote1 paragraphs

W.P.(C) No.285 of 2026 (High Court of Orissa at Cuttack, V. Narasingh, J., 12.01.2026): Petitioner running a food vending establishment (Hotel Manshika) under a Trade License from Sundergarh Municipality and a certificate under the Food Safety and Standards Act, 2006 pleaded imminent threat of eviction on account of alleged road expansion, without notice. The writ petition was disposed of at the stage of admission with liberty to file a fresh representation before the Executive Officer, Sundargarh Municipality within one week; the Executive Officer was called upon to consider the grievance sympathetically in the light of Articles 21 and 19(1)(g) of the Constitution and decide within two weeks of receipt, with no coercive action against the Petitioner till the decision is taken and communicated.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.285 of 2026

Manas Kumar Jena

…. Petitioner

Mr. P. K. Satapathy, Advocate

-versus-

1. State of Odisha

1. State of Odisha …. Opposite Parties 2. Collector, Sundargarh

3. Sundargarh Municipality, represented through its Chairman, Sundargarh Municipality office

4. Executive Officer,

Sundargarh Municipality

5. Tahasildar, Sundargarh 6. IIC, Sundargarh Town Police Station

Mr. M. R. Mohanty, AGA

CORAM: JUSTICE V. NARASINGH

Order

No.

ORDER

12.01.2026

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

It is submitted by the learned counsel that the Petitioner has a Food vending establishment in the name and style of Hotel Manshika for which he was

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granted Trade License by the Sundergarh Municipality as well as the certificate under the Food Safety and Standards Act, 2006. Notwithstanding the same, he is facing imminent threat of eviction which according to the Petitioner is clear violation of the prescribed norms inasmuch as no notice has been given to him.

And, on instruction it is stated that such imminent threat of eviction is on account of the alleged expansion of road. 4. It is further submitted by the learned counsel on instruction that the Petitioner can be suitably adjusted without affecting the road expansion work. As such, public interest would not be hindered.

Considering the nature of submissions and the grievance as put forth, the Writ Petition is disposed of at the stage of admission, giving liberty to the Petitioner to make a fresh representation to the Executive Officer, Sundargarh Municipality-Opposite Party-04 within a period of one week hence, along with a copy of the Writ Petition by speed post.

If such representation is submitted within the time as stipulated, the Executive Officer, Sundargarh Municipality-Opposite Party-04 is called upon to consider the grievance of the Petitioner sympathetically keeping in view his rights, in the light of Articles 21 and 19(1)(g) of the Constitution and take a decision within a period of two weeks of receipt of such representation.

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Till such decision is taken and communicated to the Petitioner, no coercive action shall be taken against the Petitioner.

Accordingly, the Writ Petition along with IA is disposed of.

(V. NARASINGH) Judge

Jina

Signature Not Verified

Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 12-Jan-2026 19:28:07

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