Bipin Bihari Rath Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Bipin Bihari Rath Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Opposite Party No.3/Bhubaneswar Development Authority to dispose of the Petitioner's representation dated 26.12.2025 (Annexure-1) by a reasoned order in accordance with law within fifteen days of presentation of a certified copy, and to verify whether the construction conforms to the approved building plan and permission as per Regulation 9 of the B.D.A. (Planning and Building Standards) Regulations, 2008.

Issue for consideration

Whether the Opposite Party Nos.1 to 3 should be directed to conduct a necessary inquiry under the Odisha Development Authorities Act and the BDA (Planning and Building Standards) Regulations into the alleged unauthorized construction over Plot No.1851/5304 (Khata No.3283/135, Ac.0.35 dec.) and Plot No.1851/5305 (Khata No.3283/133, Ac.0.25), Mouza-Nayapalli, Bhubaneswar.

Court's answer

Without going into the merits, the Court directed Opposite Party No.3/Bhubaneswar Development Authority to dispose of the Petitioner's representation (Annexure-1) by passing a reasoned order in accordance with law within fifteen days from production/presentation of a certified copy of the order.

Ratio / Principle

The Bhubaneswar Development Authority was further directed to take proactive steps to verify whether the said construction is contrary to the approval of the building plan and permission as per Regulation 9 of the B.D.A. (Planning and Building Standards) Regulations, 2008.

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No. 7551 of 2026, High Court of Orissa at Cuttack, Dr. Sanjeeb K Panigrahi, J., order dated 03.07.2026): Petitioner, a coparcener and inhabitant of Nayapalli, Bhubaneswar, sought a direction to Opposite Party Nos.1-3 to inquire, under the Odisha Development Authorities Act and the BDA (Planning and Building Standards) Regulations, into alleged unauthorized construction over Plot No.1851/5304 (Khata No.3283/135, Ac.0.35 dec.) and Plot No.1851/5305 (Khata No.3283/133, Ac.0.25), Mouza-Nayapalli. His representation dated 26.12.2025 (Annexure-1) to the Bhubaneswar Development Authority was pending. Without entering the merits, the Court directed BDA to dispose of the representation by a reasoned order within fifteen days of presentation of a certified copy and to proactively verify whether the construction violated the approved building plan and permission as per Regulation 9 of the B.D.A. (Planning and Building Standards) Regulations, 2008. Writ petition disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 7551 of 2026

Bipin Bihari Rath

..…... Petitioner (s)

Mr. Ramesh Kumar Sahu, Adv.

-Versus-

……. State of Odisha & Ors. Opposite Party (s) Mr. Niranjan Panda-1, Adv. for O.P.2 Mr. D.C. Dhal, Adv. for O.P.3 Ms. Pratyusha Naidu, Adv. for O.Ps.4 & 5

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

03.07.2026

Order No.

This matter is taken up through hybrid arrangement.

Heard.

In filing this Writ Petition the Petitioner being a coparcener and also an inhabitant of Nayapalli area of Bhubaneswar, has sought for a direction from this Court to the Opposite Party Nos.1 to 3 for conducting necessary inquiry as per the provision of the Odisha Development Authorities Act and BDA (Planning and Building Standards) Regulations with respect to the unauthorized construction made over the disputed property in question more particularly with respect to the Plot No.1851/5304, Khata No.3283/135 measuring an area Ac.0.35 dec. and Plot

Signature Not Verified

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 06-Jul-2026 18:36:46

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No.1851/5305, Khata No.3283/133 measuring an area of Ac.0.25, Mouza- Nayapalli, Bhubaneswar.

At the outset, learned counsel for the Petitioner submits that the Petitioner has filed a representation dated 26.12.2025 vide Annexure-1 before the Opposite Party No.3/Bhubaneswar Development Authority for redressal of his grievance. The said representation is still pending.

In view of such facts and submission, without going into the merit of the case, the Opposite Party No.3/ Bhubaneswar Development Authority is directed to dispose of the representation of the Petitioner vide Annexure-1 by passing a reasoned order in accordance with law within a period of fifteen days from the date of production/presentation of a certified copy of this order and take proactive steps to verify whether the said construction is against the approval of the building plan and permission as per Regulation 9 of the B.D.A. (Planning and Building Standards) Regulations, 2008.

Accordingly, the Writ Petition is disposed of.

( Dr. Sanjeeb K Panigrahi) Judge

Murmu

Signature Not Verified

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 06-Jul-2026 18:36:46

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