IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.37814 of 2025 Nirupama Rout & Ors. …. Petitioner(s)

Mr. Subash Chandra Routray, Adv.

-versus-

State of Odisha & Ors. …. Opposite Party(s)

Smt. Sarita Moharana, ASC Mr. Dayananda Mohapatra, Sr. Adv.

along with associates Mr. Gyana Ranjan Mahapatra, Adv.

Mr. Biswajit Nayak, Adv.

Mr. Bishal Baivab, Adv.

CORAM:

HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order ORDER No. 18.02.2026

04. 1. This matter is taken up through hybrid arrangement.

2. In filing this Writ Petition, the Petitioners being the inhabitants of Jagannath Nagar area of Bhubaneswar have challenged the order dated 22.12.2025 passed by the learned Deputy Commissioner, A.O (ODA Court), Bhubaneswar Municipal Corporation, Bhubaneswar in Case No.UAP/88/2023 vide Annexure-6.

3. Heard learned counsel for the respective Parties.

4. During course of hearing, learned counsel for the Opposite Party No.2, at the outset, submits that there is a Signature Not Verified clear statutory remedy of appeal available under Section Digitally Signed Designation: Personal Assistant 91(2) of the Odisha Development Authorities Act, 1982 against the impugned order vide Annexure-6. Hence, the Petitioners should approach the Appellate Authority. The provision under Section 91(2) of the Odisha Development Authorities Act, 1982 is extracted herein below:-

“91. Removal of unauthorised development:-

(2) Any person aggrieved by an order under Sub- section (1) may appeal to the State Government or an Officer appointed by the State Government in this behalf, against that order within thirty days from the date thereof, and the Government or the Officer, as the case may be, may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order. The decision of the State Government or the Officer, shall be final and shall not be questioned in any Court of law.”

5. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, considering the request of learned counsel for the Petitioners, this Court permits the Petitioners to file an appeal along with a petition for condonation of delay, if any, so also a petition for interim protection before the concerned Appellate Authority as per the provision under the Odisha Development Authorities Act, 1982, within a period of fifteen working days hence. In such event, the Appellate Authority shall condone the delay in preferring the appeal liberally and conclude the hearing after providing adequate opportunity of hearing to the parties Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA concerned within a period of three months from the date

6. This Writ Petition is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi)

Judge Ayaskanta Digitally Signed