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Orissa High Court
Bimbadhar Jena vs State Of Odisha on 30 January, 2026
Author: B. P. Routray
Bench: B. P. Routray
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: OHC, Cuttack
Date: 30-Jan-2026 16:49:09
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3206 of 2026
Bimbadhar Jena .... Petitioner
Mr. K.K. Rout, Advocate
-versus-
State of Odisha, represented through its
Commissioner-cum-Secretary, Housing
and Urban Development Department .... Opposite Parties
and Others
Mr. D. Nayak, AGA
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
30.1.2026
Order No.
01. 1. Heard Mr. K.K. Rout, learned counsel for the petitioner and Mr.
D. Nayak, learned AGA for State -opposite parties.
2. It is submitted on behalf of the petitioner that he had earlier
approached this Court in WP(C) No.27730 of 2023 against the action
of Bhubaneswar Municipal Corporation and Bhubaneswar
Development Authority proposing his eviction from the case land. In
the said writ petition, State of Odisha represented by the
Commissioner-cum-Secretary of Housing and Urban Development
Department was opposite party no.1 and the Commissioner-cum-
Secretary to Government of Odisha in General Department was
opposite party no.2. The said writ petition was disposed of vide order
dated 31st August, 2023 (Coordinate Bench) with the direction as
follows:-
"6. Gone through the RoRs as at Annexure-l series and 2 in
juxtaposition to the claim of the petitioner that the schedule
land Stood recorded with them in Sabik settlement. It is also
revealed from a copy of the plaint i.e. Annexure-3 that the
suit is pending in the court of learned Civil Judge (Senior
Division), Bhubaneswar, wherein, the State is a party. It is
claimed that opposite party No.3 to 5 have declared eviction
and demolition of the standing structure from the schedule
land despite an interim order in IA No.225 of 2008 i.e.
Annexure-4 passed in C.S. No.300 of 2008. A copy of the
Judgment in FAO No.31/68 of 2013/2008 i.e. Annexure-5
and the same is perused. It is revealed that there is an interim
order as against the schedule land in favour of the petitioner
and others in the suit. Having regard to the above facts, the
Court is of the view that any such action which is presently
contemplated by opposite party Nos.3 to 5 should be by
established procedure in law keeping in view the order passed
in IA No.225 of 2008 corresponding to CS No.300 of 2008.
7. Hence, it is ordered.
8. In the result, the writ petition stands disposed of with a
direction to the opposite parties and in particular, opposite
party No.3 to 5 to take any such action in accordance with
law having regard to the pendency of suit before the civil
court."
3. It is further submitted on behalf of the petitioner that in the
meantime the owner of the land as per the RoR has been changed in
the mutation proceeding and now recorded in the name of GA
Department. Taking advantage of the same, GA Department is now
proceeding for his eviction from the case land as per notice dated 30 th
December, 2025 under Annexure-8.
4. Issue notice. Mr. D. Nayak, learned AGA accepts notice for
opposite parties 1, 2, 6 and 7. Notice by Speed Post with A.D. shall be
issued to opposite parties 3, 4 & 5 for which requisites shall be filed
within three working days.
5. List the matter on 9th March, 2026.
02. 6. In the meantime status quo as on date in respect of nature and
character of the case land, i.e. Plot No.150 and 151 under Khata
No.424 of Mouza-Rudrapur under Pahala P.S, shall be maintained till
9th March, 2026.
7. An urgent certified copy of this order shall be issued on proper
application.
( B.P. Routray)
Judge
M.K.Panda
