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Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK

Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Apr-2026 17:41:53

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15223 of 2025

(In the matter of an application under Articles 226 and 227 of the Constitution of India)

T. Balaram Kishen …. Petitioner -versus-

State of Odisha and others …. Opposite Parties

Advocate(s) appeared in this case:-

For Petitioner : Ms. Deepali Mahapatra, Advocate

For Opposite Parties : Mr. T.K. Dash, A.G.A.

For O.P. Nos.1, 5 & 6 Mr. B.K. Dash, Senior Advocate

For O.P. Nos.2 to 4 Mrs. Soma Patnaik, Advocate

For O.P No.7

CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

6^th April 2026

B.P. Routray, J.

1. Heard Ms. Deepali Mahapatra, learned Advocate for the Petitioner, Mr. T.K. Dash, learned Additional Government Advocate for State-Opposite Parties 1, 5 & 6, Mr. B.K. Dash, learned Senior Advocate for Opposite Parties 2 to 4 and Mrs. Soma Patnaik, learned

Advocate for Opposite Party No.7.

W.P.(C) No.15223 of 2025 Page 1 of 8

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK

Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Apr-2026 17:41:53

2. The Petitioner has an industrial unit, namely, Sri Kanaka Durga Wood Working Industry situating over Plot No.SMB 76 at IDCO Industrial Estate, Autonagar, Berhampur. Similarly, Opposite Party No.7 is also another industrial unit, namely, M/s.Charidham Company (A Wood Based Industry) situating over Plot No.SMB 80 & 81 at same

Industrial Estate, Autonagar, Berhampur.

3. As per the Petitioner, he is running a Saw Mill since long by complying all the requirements and for expansion of his business, he applied for allotment of adjacent two plots Viz. Plot No.SMB 82 & SMB 83 measuring an area Ac.0.344 decimals (3920 sqft.) for manufacturing of wood, metal and aluminum furniture. His application was twice rejected by the District Level Facilitation Cell (in short, “DLFC”), Ganjam on 18.05.2023 and 10.08.2023. It needs to be stated here that DLFC functions on behalf of Industries Department along with IDCO for recommending the land in favour of industrial units. The first rejection dated 18.05.2023 of the DLFC is for the reason that the Wood Based Industry is coming under negative list. The 2^nd rejection made on 10.08.2023 is for the reason that no land is available

at Autonagar Phase-II Industrial Estate.

W.P.(C) No.15223 of 2025 Page 2 of 8

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK

Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Apr-2026 17:41:53

4. The Petitioner’s further case is that, after rejection of his request for allotment of land twice, Plot No.SMB 82 & 83 was allotted in favour of Opposite Party No.7, which is a Wood Based Industry,

without any application and violating the guidelines dated 30.07.2011.

5. The IDCO (Opposite Parties 2 to 4) as well as Opposite Party No.7 have filed their respective counters denying the contentions of the Petitioner. As per the averments made in the counter affidavit of IDCO, it is stated that the Petitioner was not found eligible for grant of additional plots in his favour because it was a Wood Based Industry and there was no recommendation given in its favour by the Principal Chief Conservator of Forests (“PCCF”). But, in the case of Opposite Party No.7, the recommendation of the PCCF is there as per the guideline dated 04.02.2017 of the IDCO. It is further stated by Opposite Parties 2 to 4 that, no recommendation was received in respect of the Petitioner from the Office of the PCCF, Odisha, which is the nodal agency for recommendation of land to Saw Mills and Wood Based Industries. So, any such prayer of a Wood based Industry for allotment of land in the Industrial Estate area cannot be considered

without being recommended by the Office of the PCCF, Odisha.

W.P.(C) No.15223 of 2025 Page 3 of 8

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