Page 1 of 5. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.440 of 2026 Krushna Chandra Panda & Anr. ..... Petitioner (s) Mr. Manas Ranjan Baug, Advocate -versus- Commissioner, Bhubaneswar Municipal Corporation & Ors. ….. Opposite Party (s) Ms. Bijaya Laxmi Tripathy, ASC Mr. Niranjan Panda, Advocate for BMC Mr. Pranaya Sahoo, Caveator CORAM: THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI ORDER 13.01.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioners, by way of the present Writ Petition, assail the inaction of the Opposite Party No.4, namely the Principal Secretary to Government, Housing and Urban Development Department, Government of Odisha, Bhubaneswar, in not taking up Appeal Case No. 37 of 2025 filed by the Petitioners and in failing to consider their prayer for grant of interim stay of demolition of the Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Jan-2026 15:23:00 Signature Not Verified Page 2 of 5. Petitioners’ residential building during the pendency of the said appeal. 3. Learned counsel for the Petitioners submits that the Opposite Party No.2, namely the Deputy Commissioner- cum-A.O. (ODA Court), Bhubaneswar Municipal Corporation, Bhubaneswar, without taking into consideration the duly approved building plan of the Petitioners and the Record of Rights (RoR) pertaining to Plot No. 566, which does not constitute a public road, has passed the impugned order directing demolition of the construction standing over the Petitioners’ land. 4. He further submits that a status-quo order is in operation in respect of Plot No. 566/2747, and therefore any demolition of the alleged unauthorized construction over the said plot is subject to the final outcome of I.A. No. 1 of 2025 arising out of Civil Suit No. 2306 of 2025, pending before the Court of the learned Civil Judge (Junior Division), Bhubaneswar. Pursuant to issuance of notice, the Petitioners preferred Appeal Case No. 37 of 2025 along with an application for stay of operation of the impugned demolition order before the Principal Secretary to Government, Housing and Urban Development Department, Government of Odisha, i.e., Opposite Party Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Jan-2026 15:23:00 Signature Not Verified Page 3 of 5. No. 4, under sub-section (2) of Section 91 of the Odisha Development Authorities Act. 5. During pendency of the said appeal, the Zonal Commissioner-in-Charge (South-West Zone), Bhubaneswar Municipal Corporation, i.e., Opposite Party No. 5, vide Letter No. 9757 dated 24.12.2025, issued notice to Petitioner Nos. 1 and 2 directing removal of the construction standing over Plot No. 566 on 16.01.2026. Thereafter, the Petitioners approached Opposite Party No. 4 requesting urgent consideration of the appeal and grant of interim stay; however, no orders have been passed till date, rendering the statutory appeal illusory. At this juncture, Mr. Niranjan Panda, learned counsel for the BMC submits that since there is huge pendency before the appellate authority, it would not be possible to dispose of the appeal within the shortest period of time. 6. Considering the submissions advanced by learned counsel for the Petitioners and upon perusal of the pleadings on record, and in view of the fact that the Petitioners have already preferred a statutory appeal under the Odisha Development Authorities Act, 1982 before the Opposite Party No.4, namely the Principal Secretary to Government, Housing and Urban Development Department, Government of Odisha, Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Jan-2026 15:23:00 Signature Not Verified Page 4 of 5. Bhubaneswar, being Appeal Case No. 37 of 2025, this Court directs the Opposite Party No.4 to dispose of the said appeal, strictly in accordance with law, within a period of three months from the date of communication of this order. 7. It is further directed the no coercive action shall be taken against the Petitioners pursuant to the order dated 20.11.2025 under Annexure-7 series and the notice issued to the Petitioners by the Zonal Commissioner on 24.12.2025. 8. It is further observed that if the Appellate Authority, namely the Opposite Party No.4—Principal Secretary to Government, Housing and Urban Development Department, Government of Odisha, Bhubaneswar is overburdened due to pendency of appeals, it would be appropriate for the State Government to consider taking suitable legislative or administrative measures, including creation of additional appellate forums under the Odisha Development Authorities Act, so as to ensure timely and effective disposal of statutory appeals. A copy of the order be served on the learned counsel for the State to serve on the Opposite Party No.4/Principal Secretary to Government, Housing and Urban Development Department, Government of Odisha, Bhubaneswar for onward action. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Jan-2026 15:23:00 Page 5 of 5. 9. In view of the above, the Writ petition is disposed of. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali