IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 35112 of 2025 Okilbaag Enclave Welfare Association of Allottees & Ors. ..…... Petitioner(s)

Mr. Akhilesh Mishra, Adv.

-Versus-

Bhubaneswar Municipal Corporation, Bhubaneswar & Ors. ……. Opposite Party(s)

Mr. Banamali Sahoo, Adv (Caveator) CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

09.12.2025 W.P.(C) No.35112 of 2025 & I.A. No.22033 of 2025 Order No.

01.

1. This matter is taken up through hybrid arrangement.

2. The present Writ Petition has been filed by the Petitioners with the following prayer:

“It is, therefore, most humbly prayed that in the facts and circumstances aforesaid, this Honourable may be graciously pleased to:-

(a) Admit the writ application;

(b) Issue an appropriate writ, order, or direction, directing Opposite Party No. 1 and 2 to set aside or quash the order of demolition dated 05.10.2024 and 05.07.2025.

(c) Declare that any demolition/coercive actions taken in pursuance of the impugned order is unconstitutional and void for non-compliance with mandatory requirements under Section 91 of the Odisha Development Authorities Act, 1982, Principles of Natural Justice and established Supreme Court guidelines.

(d) Issue a writ of Mandamus, or any other appropriate writ, order, or fair opportunity to produce sanctioned plans, documents and relevant material pertaining to compundability/ regularization before taking any further actions.

(e) Issue a writ of Mandamus, restraining the Opposite Party 1 and 2 from disturbing dispossessing or demolishing any portion of Block-E of Okilbaag Enclave without strict compliance with due process and without issuing fresh notice to the Petitioners.

(f) Grant an Interim Stay on all demolition enforcement or coercive measures and protect the Petitioners right to shelter until final adjudication of this Writ Petition.

(g) Costs of and incidental to this application be paid by the opposite parties; (h)To pass such order/orders, direction/directions, writ/writs as may be deemed fit and proper in the circumstances of the case;”

3. Heard.

4. Issue notice to the Opposite Party Nos.3 and 4 by Speed Post with A.D., making it returnable by 18th December, 2025. Requisites shall be filed within three working days hence.

5. Learned counsel for the State waives of notice on behalf of the Opposite Party No.2. Let an extra copy of the Writ Petition be served on him in order to enable him to take instruction in the matter.

6. Learned counsel for the Petitioner is directed to serve a copy of the Writ Petition on Mr. Iswar Mohanty, learned counsel who usually appears on behalf of the Opposite Party No.1/Bhubaneswar Municipal Corporation in order to enable him to take instruction in the matter.

7. As an interim measure, it is directed that no coercive action shall be taken against the Petitioners till the next date of listing of this matter.

8. List this matter on 18th December, 2025.

9. In the meantime, learned Civil Judge (Sr. Division), Bhubaneswar is directed to submit a detail report as to why the suit vide T.S. No.396 of 2000 stated to have been pending since 2000, has not yet been disposed of. The learned Civil Judge is further directed to furnish status report of the said suit by the next date.

( Dr. Sanjeeb K Panigrahi)

Judge Murmu