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2026 DAILYLAW 30575 (ORI)

PURNA CHANDRA ROUT v. STATE OF ODISHA

WP(C)/18566/2026 · 2026-08-19

Chittaranjan Dash, Harish Tandon Cj

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18566 of 2026 CNR No. ODHC010404952026 Purna Chandra Rout …. Petitioner Mr. P.K. Satapathy, Advocate -Versus- State of Odisha & others …. Opp. Parties Ms. B. Dash, ASC CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 19.08.2026 01. 1. The councilor of the municipality has taken out this writ petition by giving an illusory cause of action that the contract awarded to the Opposite Party No.5 by giving 5.99% less than the scheduled rate and claiming 3.85% excess to the scheduled rate is in violation of Government instructions and tantamount to an unjust encroachment. He, being the elected member of the council, ought to have raised such issue before the municipal council and even if the same is raised, the majority view would have been against his objection. The litigant cannot be permitted to espouse the cause because of something which is coming within the official discharge of duties and in the event, any objection is raised, the forum available in this regard would have taken care of. 2. We, thus, do not find any locus of the councilor to raise his dissenting voice through the extraordinary powers conferred upon this Court under Article 226 of the Constitution of India. We do not find any element for invocation of our powers conferred under the aforesaid Article. The writ petition is accordingly dismissed. (Harish Tandon) Chief Justice (Chittaranjan Dash) Judge Bijay/ Sarbani Designation: Junior Stenographer