Public interest litigations must demonstrate bona fide interest and timely action; undue delay undermines claims, particularly in matters pertaining to the sale or use of public land.

JUDGMENT :

KRISHNA S. DIXIT, J.

Petitioners claiming to be public spirited villagers & ex-employees of Ballarpur Industries Limited, i.e., the answering Opposite Party, are initiating this Social Action Litigations by invoking PIL jurisdiction of this Court essentially for assailing the MOU dated 20.04.1991 and also the consequent sale deed vide RSD No.611 dated 05.01.1994.

2. AS TO WHY DELAY IN DISPOSING OFF THIS PETITION.

(i). SLP Nos.10289-10290/2025 are preferred by the answering Opposite Party, namely, Ballarpur Industries Limited against orders dated 19.02.2025 & 19.03.2025 made by Coordinate Benches of this Court in the petition at hand. The Apex Court, in its order dated 20.01.2026, inter alia observed as under:

“ ….We are informed that the High Court has not taken up the matter for consideration, despite the orders dated 15.04.2025 and 08.08.2025 passed by this Court.

Xx xx xx

As the matter pertains to the Insolvency and Bankruptcy Code, 2016, and proceedings thereunder are statutorily time bound, it would be necessary for the High Court to give priority to the pending writ petition and dispose of the same as expeditiously as possible.

As that has not happened despite our earlier requests, the Registrar of the High Court shall place the matter before the Hon’ble The Chief Justice of the High Court of Orissa, Cuttack, for passing appropriate orders for the listing of the matter forthwith to enable its disposal at the earliest…”

(ii) In view of the above order, the Registry of this Court had submitted the NOTE dated 27.01.2026, which being self-explanatory, is reproduced below:-

“W.P.(C) No.15880 of 2024 (PIL)

Hon'ble The Chief Justice

W.P.(C) No.15880 of 2024 (PIL) was specially assigned to the Division Bench presided by Hon'ble Shri Justice S.K.Sahoo vide kind minutes dated 01.05.2025 of Hon'ble the Chief Justice.

After transfer of Hon'ble Shri Justice S.K.Sahoo, the matter is still pending for adjudication.

It is pertinent to mention here that Hon'ble The Chief Justice (Shri Harish Tandon, J.) may not hear this case in view of Order No.09 dated 30.04.2025.

It is relevant to mention here that Hon'ble Supreme Court of India in SLP No.10289-10290/2025 vide order dated 20.01.2026 has observed that the matter pertains to the Insolvency and Bankruptcy Code, 2016 and proceedings thereunder are statutorily time bound, it would be necessary for the High Court to give priority to the pending writ petition and dispose of the same as expeditiously as possible which is placed at Flag-10.

Placed for favour of kind consideration and nomination of appropriate Division Bench to take up the present writ petition.

Sd/-D.R.(Judl.)

27.01.2026

Place this matter before the Division Bench assigned to hear Insolvency and Bankruptcy Code.

Sd/-

Chief Justice

27/1/2026”

3. SUBMISSIONS MADE ON BEHALF OF THE PETITIONERS.

3.1. Learned counsel for the Petitioners vehemently argued that totally 581.6 acres of land at Choudwar belonging to the State Government has been sold to the answering Opposite Party for a paltry sum of INR 12 Crore; there is absolutely no justification for making the sale when the Opposite Party was holding the said land on lease basis; no public property can be disposed off by a negotiated sale, the permissible mode being public auction; though the answering Opposite Party was subjected to IBC proceedings, the orders made by NCLT/NCLAT approving the arrangement proposed by the Resolution Professional, this Court has power coupled with duty to protect the public property by setting aside the fraudulent sale. He lastly submits that immediately coming to know of the sale transaction, this petition is filed offering a plausible explanation for the arguable delay & latches. In support of his submission, he pressed into se