M/S. Samasti Infrastructure Pvt vs Bibekananda Behera & Others
2026 Latest Caselaw 200 Ori

Orissa High Court

M/S. Samasti Infrastructure Pvt vs Bibekananda Behera & Others on 9 January, 2026

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MSA No.65 of 2025
            M/S. Samasti Infrastructure Pvt.   ....           Appellants
            Ltd., BBSR & another
                                        Mr. P.K. Rath, Senior Advocate
                                      -Versus-
            Bibekananda Behera & others           ....         Respondents


                     CORAM:
                     MR. JUSTICE R.K. PATTANAIK
                                     ORDER

09.01.2026 Order No.

01. 1. Though the matter is not listed today, on being mentioned by learned counsel for the appellants, it is taken up on Board by a Special Notice.

2. Mr. Rath, learned Senior Advocate appearing for the appellants.

3. Instant appeal is filed under Section 58 of the RERA Act challenging the impugned judgment in OREAT Appeal No.62 of 2022 as at Annexure-1 of the Odisha Real Estate Appellate Tribunal, Bhubaneswar on the grounds stated.

4. The submission of Mr. Rath, learned Senior Advocate is that the completion certificate has been declared invalid by the learned OREAT with the conclusion that the complaint is maintainable. The further submission is that the complaint was dismissed by the learned RERA but the decision has been overturned in the appeal. The further submission is that the

impugned order i.e. Annexure-1 is erroneous as there has been completion certificate issued in respect to the project in question. In support of such submission, Mr. Rath, learned Senior Advocate refers to a decision of this Court in M/s. Utkal Realtors Pvt. Ltd. Vrs. Akhil Agarwal & another dated 22nd December, 2025 in MSA No. 44 of 2024 while challenging the legality of the impugned order at Annexure-1.

5. Considering the plea of the appellants and submission as above, the Court is inclined to issue notice to the respondents.

6. Accordingly, it is ordered.

7. Notice to the respondents by Speed Post with a short returnable date and for the said purpose, requisites shall be filed by learned counsel for the appellants within seven days from today.

8. List on 13th February, 2026 for final hearing and orders.

(R.K. Pattanaik) Judge

02. 1. Heard.

2. Instant petition is filed for interim orders.

3. Mr. Rath, learned Senior Advocate appearing for the appellants submits that the impugned order at Annexure-1 is required to be stayed, as in the meantime, other allottees have

approached the learned RERA and filed complaints against the appellants in respect of the same project.

4. Considering the submission as above, this Court, as an interim measure, till the reply of the respondents is received, stays operation of the impugned order dated 17 th April, 2025 in OREAT Appeal No. 62 of 2022 till the next date of hearing.

5. List on the date fixed for further orders

6. Urgent copy of this order be issued as per rules and in course of the day.

(R.K. Pattanaik) Judge

Kabita