IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 10491 of 2024 CNR No. ODHC010260792024 Samim Khan …. Petitioner Ms. Aurolina Pal, Advocate -versus- State of Odisha & Others …. Opposite Parties Mr. Debasis Nayak, Advocate (O.P. Nos.2 & 3) Mr.Arun Kumar Budhia, Advocate for O.P. No.4 CORAM: Mr. JUSTICE K.R. MOHAPATRA Mr. JUSTICE V. NARASINGH Order No. ORDER 20.08.2026 11. 1. This matter is taken up through hybrid mode. 2. This writ petition in the nature of a Public Interest Litigation (PIL) has been filed wherein serious allegations with regard to leasing out the Taxi Stand in Gauri Shankar park area backside and front side (for brevity, ‘the disputed parking area’) have been levelled. And, consequentially prayer has been made to put the area to auction. 3. Ms. Pal, learned counsel for the Petitioner submits that all the parking places under the administrative control of the Kataka Municipal Corporation were put to public auction every three years. A list of such parking areas has also been enclosed to the writ petition. Save and except the disputed parking area, all Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 20-Aug-2026 22:11:35 Signature Not Verified other parking areas under Kataka Municipal Corporation (KMC) were put to public auction. However, there is a deviation in settling the disputed parking areas, which has been leased out in favour of the Opposite Party No.4, namely, Sri Sri Radha Krushna Mandira Committee through its Secretary. 3-A. It is submitted that the State largesse should be settled through public auction. But there is patent violation of settling the disputed parking area, which is impugned herein. 4. Counter affidavit has been filed by the Kataka Municipal Corporation wherein it is stated in paragraph-6 thereof that Shri Deepak Behera, Secretary of Sri Sri Radha Krushna Mandira Committee, Keuta Sahi, Chaudhury Bazar, Kataka and others submitted an application before the Mayor, Kataka Municipal Corporation requesting for allotment of disputed parking place in front of Gauri Sankar Park area and rear of Gauri Sankar Park area on lease basis for a period of three years commencing from financial year 2024-25 with deposit of required amount license fee as fixed by the Kataka Municipal Corporation, which is 10% over and above the previous year’s allotment price. 5. In the application submitted by the Secretary, Sri Sri Radha Krushna Mandira and others, it was indicated that the disputed parking area is the only source of income of management of Radha Krushna Mandira. Thus, they requested to settle the aforesaid disputed parking space in favour of the management of Sri Sri Radha Krushna Mandira Committee. Accordingly, the matter was Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 20-Aug-2026 22:11:35 Signature Not Verified placed before the competent Authority and after obtaining due approval of the Commissioner and Mayor of the Kataka Municipal Corporation, Kataka, the said disputed parking area in front and rear of the Gauri Shankar Park area were leased out in favour of Shri Deepak Behera, the Secretary of Sri Sri Radha Krushna Mandira Committee, Keuta Sahi, Choudhury Bazar, Kataka with an increase of 10% over previous year licence fee and subsequent 10% increase each year for a span of three years. The Secretary, Sri Sri Radha Krushna Mandira Committee accordingly deposited Rs.5,44,330/- for the front side of the Gauri Shankar park area and Rs.5,49,791/- for the backside of the said park. The lease granted in favour of the Opposite Party No.4 will expire in March, 2027. 6. Mr. Budhia, learned counsel for the Opposite Party No.4 submits that the disputed parking area was being managed by the Radha Krushna Mandira Committee for the past 20 years and the temple was being managed from the income of the said leasehold disputed parking place. Thus, an application was submitted to the Mayor, Kataka Municipal Corporation, Kataka for leasing out the disputed parking area in favour of the temple committee for three years. On consideration of the application, the lease has been granted, which is going to expire in the month of March, 2027. Hence, the temple management should be allowed to complete the lease period. Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 20-Aug-2026 22:11:35 Signature Not Verified 7. Heard learned counsel for the parties with reference to the materials on record. 8. Law is well-settled that public largesse should be settled through public auction. All the parking areas under the control of Kataka Municipal Corporation (KMC) are being put to public auction every three years except the disputed parking area, which was settled with the Opposite Party No.4 on lease basis with certain conditions. 9. On being asked neither Mr. Nayak, learned counsel for the KMC nor Mr. Budhia, learned counsel appearing for the Opposite Party No.4 could make any submission on the basis of any legal proposition in support of their stand. 9-A. Mr. Nayak, learned counsel for the KMC submits that the lease in favour of Opposite Party No.4 was granted after obtaining approval from the Commissioner and Mayor of Kataka Municipal Corporation, Kataka whereas Mr. Budhia, learned counsel appearing for the Opposite Party No.4 submits that the disputed parking area was being managed by the Temple Committee for the last twenty years and since the income from the disputed parking area is the only source of income of the management of the temple, the Secretary of the Temple Committee along with others made an application to settle the disputed parking area in their favour for a period of three years and the same was duly considered by the competent Authorities of the Kataka Municipal Corporation, Kataka and the lease was granted. Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 20-Aug-2026 22:11:35 Signature Not Verified 9-B. The submission of Mr. Nayak, learned counsel for the KMC and Mr. Budhia, learned counsel for the Opposite Party No.4 does not have any legal basis. It is indeed baffling that in Paragraph-9 of the counter affidavit filed by the KMC, a suggestion has been made to allow the Opposite Party No.4 to continue the lease till the end of financial year 2026-27. Being a statutory body corporate, such a stand ought not have been taken by the KMC which, is ex-facie without any legal foundation. 10. The Temple Committee might be having some income from the disputed parking area. But that cannot be basis to continue the lease, which was settled illegally without selectively putting the disputed parking area to public auction. 10-A. In that view of the matter, this Court has no hesitation to set aside the lease of disputed parking area granted in favour of the Opposite Party No.4. 10-B. Consequentially this Court directs the KMC to put the disputed parking area to public auction. While putting the disputed parking areas to public auction, it shall be kept in mind that the parking area was given on lease including 10% hike every year. The KMC shall take immediate steps to cancel the lease granted in favour of the Opposite Party No.4 and make the same encumbrance free to be put the same to public auction forthwith for the remaining period of financial year 2026-27, with effect from 01.09.2026. Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 20-Aug-2026 22:11:35 Signature Not Verified It is further directed that the minimum auction reserve price shall be equal to or more than the current licence fee for the disputed parking area calculated on pro-rata basis from 01.09.2026 to 31.03.2027. 11. With the aforesaid observation and direction, the writ petition is disposed of. Parties shall bear their own costs. (K.R. Mohapatra) Judge (V. Narasingh) Judge Himansu