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2026 DAILYLAW 23399 (ORI)

DURGA PRASAD SAHU v. STATE OF ODISHA

WP(C)/19135/2026 · 2026-07-02

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No.19135 of 2026 1. Durga Prasad Sahu 2. Sangeeta Parida 3. Subham Pradhan 4. Jurinath Sahu 5. Chitta Ranjan Mallick 6. Toran Lai Sen 7. Aswini Kumar Bag … Petitioners Mr. K. P. Mishra, Sr. Advocate Mr. A. Mishra, Advocate -versus- 1. State of Odisha, represented through Commissioner-Cum- Secretary, Sports and Youth Department, Kalinga Stadium Sports Complex, Bidyut Marg, Nayapaili, Bhubaneswar 2. Director Sports and Youth Service Department, Govt. of Odisha, Bhubaneswar 3. Collector-Cum- Chairman, Mini Stadium Committee, Nuapada, 4. Sub-collector, Nuapada 5. District Sports Officer, Nuapada, 6. Headmaster National Nodal High school, Nuapada …. Opposite Parties Mr. P. K. Ray, AGA p. 2 CORAM: JUSTICE V. NARASINGH Order No. ORDER 02.07.2026 01. 1. Heard learned Senior Counsel for the Petitioners and learned counsel for the Opposite Parties. 2. This writ petition has been filed seeking the following relief:- “In view of the aforesaid facts and circumstances this Hon'ble Court may be graciously pleased to. (i) quash the letter No.5 dated 22.05.2026 as at Annexure 3 by concurrently holding the same as bad, illegal in the eye of law. (ii) and pass any other order/orders would be deem fit and proper as facts and circumstances of the case. And for the said act of kindness, the petitioners shall as in duty bound ever pray.” 3. It is that in terms of agreement executed in the year 2022, the Petitioners are having cabins within the precincts of the stadium and the attention of this Court is drawn to Clause-9 which reads as under:- “After every three years the allottee is bound to renew the allotment within a hike of rent Rs.200/- (two hundred only) per cabin: otherwise, the allotment order will be cancelled automatically.” p. 3 It is the submission of the learned senior counsel on instruction that without any renewal of agreement the Mini Stadium Committee has unilaterally increased the monthly rent from June, 2026 to Rs.3000/- (Rupees three thousand). 4. It is his further submission that such increase effectively deprives the Petitioners from earning their livelihood which violates the rights guaranteed under Articles 19(1)(g) read with Article 21 of the Constitution of India and since such enhancement is ex facie arbitrary this Court has jurisdiction to entertain this Writ Application. 5. Learned counsel appearing for the State submits that in view of admitted non-renewal of the agreements and since admittedly Petitioners have not raised any grievance regarding such non-renewal, on that score alone the Writ Petition is liable to be rejected since the Petitioners do not have the locus standi to maintain the same. 6. On considering competing claims, this Court is of the considered view that interest of justice would be subserved if the Petitioners are provided opportunities to ventilate their grievance to be considered by Opposite Party Nos.3 and 4 (Collector- Cum- Chairman, Mini Stadium Committee, Nuapada, and Sub-collector, Nuapada. Respectively). p. 4 7. Accordingly, it is directed that the Petitioners shall file a representation ventilating their grievance, as undertaken within a period of one week from uploading of this order along with a copy of this order. 8. If such timeline is adhered to the Opposite Party Nos.3 and 4 shall consider the grievance of the Petitioners and afford them an opportunity of hearing and redress their grievance that ex facie the increase of rent is arbitrary. Decision shall be taken by the authority within a period of four weeks from the date of submission of such representation and decision so taken shall be communicated to the Petitioners. 9. Till such a decision is taken, status quo in respect of the cabins in question shall be maintained. 10. Accordingly, the Writ Petition stands disposed of. 11. U.C.C. as per rules. (V. NARASINGH) Judge Jina