Binapani Sahoo Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Binapani Sahoo Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage (without notice to opposite party No.2) with a direction to opposite party No.2 to dispose of the representation dated 24th December, 2025 (Annexure-3 series) as soon as possible, preferably within ten days, after providing the petitioners an opportunity of personal hearing, and to defer further construction of the Vending Zone till such time.

Issue for consideration

Whether opposite party No.2 should be restrained from taking up construction of a Vending Zone in front of the petitioners' residential building, which would block their entry. +1 more

Court's answer

Till such time as the representation is disposed of, opposite party No.2 is to defer further construction of the Vending Zone.

Ratio / Principle

As the petitioners had approached opposite party No.2 with the representation (Annexure-3 series) and Annexure-2 suggested the Vending Zone construction was likely to block the entry to their residential building, the Court held that such grievance was required to be immediately attended to and disposed of within a stipulated period.

Key takeaways

The representation dated 24th December, 2025 at Annexure-3 series shall be disposed of by the authority concerned as soon as possible, preferably within a period of ten days, after providing the petitioners an opportunity of personal hearing.ratio¶21

Detailed headnote1 paragraphs

Binapani Sahoo & another v. State of Odisha & another, W.P.(C) No.37791 of 2025 (High Court of Orissa at Cuttack, R.K. Pattanaik, J.; order dated 06.01.2026): Petitioners sought a direction restraining opposite party No.2 from constructing a Vending Zone in front of their residential building, which would block its entry, and consideration of their representation dated 24th December, 2025 (Annexure-3 series), supported by a photograph (Annexure-2) of the alleged construction, on which opposite party No.2's decision was pending. No notice was issued to opposite party No.2 as the matter was disposed of at the stage of admission. Holding the grievance required immediate attention, the Court disposed of the writ petition directing opposite party No.2 to dispose of the representation as soon as possible, preferably within ten days, after providing the petitioners an opportunity of personal hearing, and to defer further construction of the Vending Zone till such time.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.37791 of 2025

Binapani Sahoo & another …. Petitioners Mr. S.R. Mulia, Advocate

-Versus-

State of Odisha & another

…. Opposite Parties Mr. S.K. Swain, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

06.01.2026

Order No.

Heard Mr. Mulia, learned counsel for the petitioners and Mr. Swain, learned AGA for the State.

No notice is issued to opposite party No.2 as the matter is disposed of at the stage of admission.

Instant writ petition is filed by the petitioners for a direction to the opposite parties and in particular, opposite party No.2 not take up any construction of a Vending Zone in front of their residential building and to consider the representation as at Annexure-3 series received from them in the meantime on the grounds stated.

It is submitted to the Court that the entry to the residential building would be blocked in the event the construction of the Vending Zone is allowed, hence, with such a request, the representation i.e. Annexure-3 series is filed, on

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which, the decision of opposite party No.2 is pending and therefore, a direction may perhaps be issued to the said authority to consider the same at the earliest. Such plea is advanced referring to Annexure-2, a copy of the photograph showing the alleged construction in front of the residential building of the petitioners.

As the petitioners have approached opposite party No.2 with the representation i.e. Annexure-3 series and it is made to suggest from Annexure-2 that any such construction of the Vending Zone is likely to block the entry to the residential building of the petitioners, the Court is of the view that such grievance is required to be immediately attended to and disposed of within a stipulated period.

6. Accordingly, it is ordered.

In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party No.2. It is further directed that the representation dated 24^th December, 2025 at Annexure-3 series shall be disposed of by the authority concerned as soon as possible preferably within a period of ten days after providing the petitioners an opportunity of personal hearing and till such time, to defer further construction of the Vending Zone.

Issue urgent certified copy of this order as per rules.

Signature Not VerifiedBalaram

Digitally Signed Signed by: BALARAM BEHERA Designation: PERSONAL ASSISTANT Reason: Authentication Location: OHC, CUTTACK Date: 09-Jan-2026 15:36:26

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