IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 1316 of 2026 Jharana Hati .... Petitioner(s)

Mr. Binayak Mohapatra, Adv.

-Versus-

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

Ms. Gayatri Patra, ASC CORAM:

THE HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

27.01.2026 Order No.

01.

1. This matter is taken up through hybrid arrangement.

2. By filing the present Writ Petition, the Petitioner seeks issuance of an appropriate writ, order or direction, directing the Opposite Party No.1, namely the Principal Secretary-cum- Commissioner, Housing and Urban Development Department, Government of Odisha, to forthwith register the appeal memorandum enclosed under Annexure-7 series and to dispose of the same by adjudication on merits within a stipulated time frame, after affording a due opportunity of hearing to the Petitioner in accordance with law.

3. Learned counsel for the Petitioner further submits that the Opposite Party No.3, namely the Deputy Commissioner (U.C. Court), Cuttack Municipal Corporation, has initiated U.C. Case No. 25 of 2025 against the Petitioner by issuing a notice under Sections

91(1) and 92(2) of the Odisha Development Act, 1982. Pursuant thereto, the Petitioner duly responded to the said notice, appeared before the authority through her learned counsel, and also submitted a detailed written show cause reply along with relevant documents by registered post on 18.07.2025.

4. He further contends that the construction of the dwelling house of the Petitioner has also been stopped by the officials of the Opposite Party Nos.2 & 3 on the strength of Section 92(II) of the OD Act from the month of May, 2025. So, the Petitioner and his family members have been facing immense difficulties to take shelter in her house which is now in complete stage.

5. The Opposite Party No.3/ Deputy Commissioner (U.C. Court) Cuttack Municipal Corporation did not hear the matter since the month of August, 2025 in spite of several approaches and requests of the Petitioner and her counsel. Therefore, the Petitioner was compelled to file an appeal memo before the Opposite Party No.l/ Principal Secretary Cum-Commissioner, Housing and Urban Development Department, Government of Odisha on 14.08.2025 in accordance with Section 91(II) of the OD Act,1982 challenging the orders of the Opposite Party No.2/ the Commissioner, Cuttack Municipal Corporation. In both the show cause and appeal memo, the Petitioner had prayed before the authorities for compounding the matter by regularizing her construction in order to enable her to avail fresh planning in the office of the Opposite Party No.2 as per Section 98 of the OD Act, 1982.

6. The Opposite Party No.l has not registered the case nor was the case heard after receipt of the appeal memo since the month of August, 2025. Thereafter, the Petitioner has been suffering irreparable loss in mental, physical and financial spheres which cannot be compensated in any manner.

7. Considering the submissions advanced by the learned counsel for the Petitioner and upon perusal of the averments made in the present Writ Petition, and without expressing any opinion on the merits of the case, this Court directs the Opposite Party No.1, namely the Principal Secretary-cum-Commissioner, Housing and Urban Development Department, Government of Odisha, Bhubaneswar, to forthwith register the appeal by assigning an appeal number and to hear and dispose of the same on merits within a period of one month from the date of presentation of an authenticated copy of this order by the Petitioner.

8. It is further observed that the Registry maintained by the Appellate Authority does not have adequate basic facilities for litigants. Accordingly, the Principal Secretary-cum-Commissioner, Housing and Urban Development Department, Government of Odisha, Bhubaneswar, is directed to ensure maintenance of a proper and functional registry for filing of appeals, along with generation of a cause list on each date of hearing, so as to avoid inconvenience to common lit