Jitendra Kumar Biswal Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Jitendra Kumar Biswal Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Opposite Party No.2, Collector and District Magistrate, Bhadrak, to take a decision on the representation (Annexure-5, dated 10.02.2026) within four weeks of receipt of the order and writ petition copy, to communicate that decision to the Petitioner, and to keep in mind the grievance ventilated by elected representatives; writ petition disposed of.

Issue for consideration

Whether tube wells for supply of drinking water should be installed at the places identified by the Pali Sabha/Grama Sabha in Kherang Gram Panchayat, as sought by the Petitioner-Sarpanch against Opposite Party Nos.3 and 4. +2 more

Ratio / Principle

Considering the rival submissions, the Court directed Opposite Party No.2, Collector and District Magistrate, Bhadrak, to take a decision on the representation (Annexure-5, stated to be dated 10.02.2026) within four weeks from the date of receipt of the copy of the order along with the copy of the writ petition.

Key takeaways

The decision so taken by the Collector and District Magistrate, Bhadrak shall be communicated to the Petitioner.ratio¶24
While taking the decision, the Collector and District Magistrate, Bhadrak shall keep in mind the grievance as ventilated by the elected representatives.ratio¶25

Detailed headnote1 paragraphs

Single-judge order (Justice V. Narasingh), High Court of Orissa at Cuttack, W.P.(C) No. 5568 of 2026, decided 20.02.2026. Jitendra Kumar Biswal, Sarpanch of Kherang Gram Panchayat, sought a direction to the Block Development Officer, Chandbali and the Assistant Executive Engineer, RWS&S Sub-Division, Chandbali to install tube wells for drinking water at places identified by the Pali Sabha (an initial list of 35 locations scaled down to 7, followed by a fresh list of 10 tube wells based on Grama Sabha minutes dated 23.12.2025), alleging installation was being blocked on extraneous considerations and that a representation dated 10.02.2026 to the Collector and District Magistrate, Bhadrak had gone unacted upon. State counsel objected that the Petitioner rushed to Court without pursuing the remedy; the Petitioner maintained that a writ assailing inaction on drinking-water supply was maintainable. The Court did not expressly adjudicate maintainability; it disposed of the writ petition, directing the Collector and District Magistrate, Bhadrak to decide on the representation (Annexure-5) within four weeks of receipt of the order and writ petition copy, to communicate the decision to the Petitioner, and to keep in mind the grievance ventilated by elected representatives. No statute or precedent is cited.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 5568 of 2026

Jitendra Kumar Biswal …. Petitioner Mr. B. Rout, Advocate

-versus-

1. State of Odisha …. Opposite Parties represented through its Commissioner-cumSecretary, Panchayat Raj Department, Bhubaneswar

2. Collector and District Magistrate, Bhadrak

3. Block Development Officer, Chandbali, Bhadrak

4. Assistant Executive Engineer, RWS&S SubDivision, Chandbali, Bhubaneswar

5. Junior Engineer, RWS&S , Chandbali Division, Bhadrak Mr. M.R. Mohanty, AGA

CORAM: JUSTICE V. NARASINGH

ORDER 20.02.2026 Order No.

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

The Petitioner in his capacity as the Sarpanch of Kherang Gram Panchayat has filed this writ petition seeking a direction to the Opposite Party Nos.3 & 4-Block Development Officer, Chandbali, Bhadrak & Assistant Executive Engineer,

Page 1 of 3

RWS&S Sub-Division, Chandbali, Bhubaneswar respectively for installation of tube wells for supply of drinking water at the identified places, on the basis of resolution of Pali Sabha.

It is submitted that though initially the Pali Sabha had identified 35 locations on the basis of communication of Opposite Party No.4, but the same was scaled down to 7 for resubmission of the list.

Thereafter, a fresh list for installation of 10 tube wells on the basis of the minutes of the meeting of the Grama Sabha dated 23.12.2025 was submitted.

It is stated that notwithstanding the same the tube wells are not being installed at the designated places on extraneous considerations, thereby depriving the inhabitants of their basic rights.

It is further submitted that ventilating their grievance, the Petitioner along with the villagers have submitted a representation to the Opposite Party No.2-Collector and District Magistrate, Bhadrak on 10.02.2026 and alleging inaction the present writ petition has been filed.

Learned counsel for the State submits that without pursuing the remedy the Petitioner has rushed to this Court.

Page 2 of 3

Per contra, it is submitted by the learned counsel for the Petitioner that since the matter relates to supply of drinking water and the Petitioner assails the inaction of the authorities, the writ petition is maintainable.

Considering the rival submissions, this Court is of the considered view that interest of justice would be subserved by directing the Opposite Party No.2-Collector and District Magistrate, Bhadrak to take a decision on the representation submitted (Annexure-5) stated to be dated 10.02.2026 within a period of four weeks hence from the date of receipt of the copy of this order along with the copy of the writ petition.

The decision so taken shall be communicated to the Petitioner.

This Court has no iota of doubt that while taking such decision the Opposite Party No.2Collector and District Magistrate, Bhadrak shall keep in mind the grievance as ventilated by elected representatives.

Accordingly, the writ petition stands disposed of.

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 23-Feb-2026 13:18:18

(V. Narasingh)

Judge

Ayesha

Page 3 of 3