Disposed

The Brukshya Sanrakhyan Trust, Bhubaneswar v. State of Odisha

Orissa HC11 Sept 2026WP(C)/29633/2026

Case brief

AI extract

What is this about?

In W.P.(C) No.29633 of 2026, the High Court of Orissa disposed of a petition by Brukshya Sanrakhyan Trust seeking to quash Annexure-3 by BMC and prevent demolition of a structure. The Court vacated the order, directing the Petitioner to vacate the constructed land within one month, allowing authorities to act against continued encroachment thereafter.

What did the court decide?

The Petitioner is directed to vacate the Government land within one month; non-compliance invites further action against encroachers.

The Brukshya Sanrakhyan Trust, Bhubaneswar Vs State of… — Property and Title | Orissa HC (2026)

¶1

Signature Not Verified

¶2

Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Sep-2026 16:40:25

¶3

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶4

W.P.(C) No.29633 of 2026

¶5

[CNR No.ODHC010699472026]

¶6

The Brukshya Sanrakhyan Trust, Bhubaneswar …. Petitioner(s)

¶7

Mr. Gopal Prasad Jena, Adv. -versus-

¶8

…. State of Odisha & Ors. Opposite Party(s)

¶9

Mr. Debasish Nayak, AGA

¶10

CORAM:

¶11

HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI

¶12

ORDER

¶13

Order No. 11.09.2026

¶14

01.

¶15

1. This matter is taken up through hybrid arrangement.

¶16

2. By filing the present Writ Petition, the Petitioner, the Brukshya Sanrakhyan Trust, represented by its President Sri Surasen Mallick, has prayed for the following reliefs:

¶17

“In the aforesaid facts & circumstances, it is humbly therefore prayed that, the Hon’ble Court may graciously be pleased to admit the writ application and issue RULE NISI calling upon the opposite parties to show cause as to why the appropriate writ/writs in the nature of mandamus or any other suitable writs should not be issued to quash the Annexure-3 issued by the BMC and direct the Opposite Parties not to demolish the Asbestos House constructed by the Trust with

¶18

Page 1 of 3

¶19

Signature Not Verified

¶20

Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Sep-2026 16:40:25

¶21

poor contribution from its members when the said Asbestos House is not causing any inconvenience to the public and also has not encroached upon any public Road and the said lane is also not a passage for public.

¶22

And in case, the Opposite Parties fails to show cause or show insufficient cause, the said Rule Nisi may be made absolute and upon hearing the parties through their counsel, this Hon'ble Court be further pleased to issue appropriate writ/writs in the nature of MANDAMUS or any other suitable writs to quash the Annexure-3 issued by the BMC and direct the Opposite Parties not to demolish the Asbestos House constructed by the Trust when the said Asbestos House is not causing any inconvenience to the public and also has not encroached upon any public Road and the said lane is also not a passage for public .”

¶23

3. Heard learned counsel for the Petitioner and learned counsel for the State.

¶24

4. Considering the submissions made by learned counsel for the respective parties and the averments in the Writ Petition, this Court directs the Petitioner to vacate the land/space in question, which has been constructed upon Government land, within one month from the date of this order. Failing compliance, the concerned authorities shall be at liberty to take appropriate action against the encroachers.

¶25

5. In view of the above, the Writ Petition stands disposed of.

¶26

Page 2 of 3

¶27

Signature Not Verified

¶28

Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Sep-2026 16:40:25

¶29

6. Pending application (s), if any, shall stand disposed of.

¶30

7. Issue urgent certified copy of this order as per Rules.

¶31

(Dr. Sanjeeb K Panigrahi)

¶32

Judge

¶33

Sipun

¶34

Page 3 of 3

The Brukshya Sanrakhyan Trust, Bhubaneswar v. State of Odisha

Case brief

What is this about?

What did the court decide?

The Brukshya Sanrakhyan Trust, Bhubaneswar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases