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Biswajit Mohanty v. State of Odisha

Orissa HC12 Jan 2026WP(C)/30654/2025

Case brief

AI extract

What is this about?

Puri Municipality; Mahodadhi Nivas shop room allotment; salami deposit Rs.7000/-; unanswered representation 14.08.2024; rejection letter 02.01.2025 Annexure-6; pursuit since 1995; liberty for fresh representation; four-week timelines; no view on merits; judicious discretion; writ disposed; High Court of Orissa, Cuttack; Justice V. Narasingh; UCC as per rules.

What did the court decide?

Liberty to file a fresh representation within four weeks along with copy of the Writ Petition; the competent authority to consider it on its own merit and dispose of it within four weeks of receipt, exercising discretion judiciously without prejudice to the earlier rejection; no view expressed on merits. ¶28

Biswajit Mohanty 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 allotment of the shop room at Mahodadhi Nivas (under the administrative control of the Executive Officer, Puri Municipality), for which he deposited salami of Rs.7000/-, notwithstanding non-response to his representation of 14.08.2024 and the impugned rejection communicated by letter dated 02.01.2025 (Annexure-6).

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Court's answer

Liberty is granted to the Petitioner to file a fresh representation, which shall be considered on its own merit.

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Ratio / Principle

If the fresh representation, along with a copy of the Writ Petition, is filed within a period of four weeks, the same shall be disposed of within a further period of four weeks from the date of receipt of such representation.

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Key takeaways

This Court has not expressed any view regarding the merits of the matter.ratio¶26
The concerned authority is expected to exercise its discretion in a judicious manner without being prejudiced by the earlier rejection (impugned herein).ratio¶26

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No. 30654 of 2025, High Court of Orissa at Cuttack, Justice V. Narasingh, order dated 12.01.2026) — Petitioner deposited salami of Rs.7000/- for construction of a shop room at Mahodadhi Nivas under the administrative control of the Executive Officer, Puri Municipality, but the shop room was not allotted to him; his representation dated 14.08.2024 went unanswered, and his claim was rejected by letter dated 02.01.2025 at Annexure-6, which was impugned. Noting that the Petitioner had pursued the matter since 1995, the Single Judge disposed of the Writ Petition with liberty to file a fresh representation within four weeks along with a copy of the Writ Petition, to be considered on its own merit and disposed of within four weeks of receipt. The Court expressly recorded that it had expressed no view on the merits and expected the concerned authority to exercise its discretion judiciously, without being prejudiced by the earlier impugned rejection.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 30654 of 2025

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Biswajit Mohanty

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…. Petitioner

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Mr. R. Achary, Advocate

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-versus-

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1. State of Odisha

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…. Opposite Parties

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2. The Directorate of Municipal Administration headed by the Director, Municipal Administration, AtLokseva Bhavan, BBSR, Khurda

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3. The Dist Collector & Magistrate, Puri

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4. The Chairman, Puri Municiplaity, Puri

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5. The Executive Officer, Puri Municipality, Puri

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Mr. C.R. Swain, AGA

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CORAM: JUSTICE V. NARASINGH

ORDER

12.01.2026

Order No.

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

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The grievance of the Petitioner is that in spite of deposit of salami of Rs.7000/- for construction of a shop room at Mahodadhi Nivas

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under the administrative control of the Executive Officer, Puri Municipality, the same is not being allotted in his favour.

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It is submitted that though the Petitioner had made a representation on 14.08.2024, he has not received any reply and assailing such inaction, he has approached this Court.

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It is apt to note here that by letter dated 02.01.2025 at Annexure-6 which is impugned herein the claim of the Petitioner has been rejected.

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Considering that the Petitioner has been pursuing the matter since 1995, liberty is granted to him to file a fresh representation, which shall be considered on its own merit. If such representation along with copy of the Writ Petition is filed within a period of four weeks hence, the same shall be disposed of within a period of four weeks from the date of receipt of such representation.

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It is made clear that this Court has not expressed any view regarding the merits of the matter and this Court expects that the concerned authority shall exercise their discretion in a judicious manner without being prejudiced by the earlier rejection, which is impugned herein.

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