p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.900 of 2026 Dharmendra Kumar Behera …. Petitioner Mr. S. K. Patnaik, Advocate -versus- 1. State of Odisha represented through the Commissioner- cum- Principal Secretary to Govt. Housing and Urban Development Department 2. Chairman, Notified Area Council, Rambha 3. The Executive Officer, Notified Area Council, Rambha …. Opposite Parties Mr. P. K. Ray, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 13.01.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. Being aggrieved by issuance of notice vide Annexure-01 by the Executive Officer, NAC, Rambha-Opposite Party No.03 in purported exercise of power under Section 266 of Orissa Municipality p. 2 Act, 1950, inter alia, directing the Petitioner to cease any ongoing construction, the present Petitioner has been filed. 3. It is submitted by the learned counsel for the Petitioner that the construction in question relates to a boundary wall and referring to the definition of ‘building’ in Section 3(1)(a) of the Orissa Municipality Act, 1950, it is stated that the boundary wall has been specifically excluded from the definition thereof. For convenience of reference 3(1)(a) of the Orissa Municipality Act, 1950 is extracted hereunder:- “xxx xxx xxx 3. Definitions. - In this Act, unless there is anything repugnant in the subject or context - (b) (1) xxx xxx xxx [(1-a)] "building" includes a house, outhouse, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding ten feet in height) and any other such structure, whether, or masonry, brick, wood, mud, metal or any other material whatsoever; xxx xxx xxx” 4. Attention of this Court is also drawn to Sections 267 and 268 of the Orissa Municipality Act, 1950 which have a direct bearing on the point at issue. The said Sections are culled out hereunder:- p. 3 “xxx xxx xxx 267. Period within which Executive Officer is to grant or refuse to grant permission to execute work. - Within thirty days after the receipt of an application made under Section 264 for approval of a site or for permission to execute any work of of any information or of documents or further information or documents required under rules or bye-laws, the Executive Officer shall by written order either approve the site or grant such permission or refuse on one or more of the grounds mentioned in Section 269 to grant it. 268. Reference to [Municipality] if Executive Officer delays grant of refusal to approval or permission. - (1) If within the period prescribed by Section 267, the Executive Officer has neither given nor refused his approval of a building site or his permission to execute any work, as the case may be, the [Municipality] shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission should be given or not. (2) If the [Municipality] does not, within one month from the receipt of such written request, deliver to the application an order either granting or refusing such approval or permission Such approval or permission shall be deemed to have given; and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act. xxx xxx xxx” 5. It is the further submission of the learned counsel for the Petitioner that on a conjoint reading p. 4 of Sections 267 and 268 of the Orissa Municipality Act, 1950, the permission is deemed to have been granted since he has not received any response to his representation made to the Executive Officer, Notified Area Council, Rambha-Opposite Party No.03 dated 11.07.2025. 6. Considering the nature of the grievance, this Court feels that interest of justice will be subserved, if the Opposite Party No.03 is directed to take a decision relating to the representation of the Petitioner vide Annexure-03 within a period of four weeks from the date of receipt of copy of this order along with a copy of the writ petition. The decision so taken shall be intimated by Speed Post to the Petitioner. 7. Till disposal of the representation of the petitioner, as aforesaid, no coercive action shall be taken against the Petitioner consequential to the notice at Annexure-1. 8. Accordingly, the Writ Petition stands disposed of. (V. NARASINGH) Judge Jina