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2026 DAILYLAW 8604 (ORI)

PRAKASH BEHERA v. STATE OF ORISSA

WP(C)/6861/2026 · 2026-03-09

B P Routray

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6861 of 2026 Prakash Behera …. Petitioner Mr. B. Baivab, Advocate -versus- State of Odisha, represented through its Principal Secretary, General Administration Department and Another …. Opposite Parties Mr. U.R. Jena, AGA CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 9.3.2026 Order No. 01. 1. Heard Mr. B. Baivab, learned counsel for the petitioner and Mr. U.R. Jena, learned AGA for State – opposite parties. 2. It is submitted on behalf of the petitioner that despite the interim order of status quo, passed by learned 2nd Additional Senior Civil Judge, Bhubaneswar in I.A. No.538 of 2012 (arising out of C.S. No.803 of 2012) is operating in respect of the case land, Bhubaneswar Municipal Corporation (BMC) Authorities are proceeding for eviction of the petitioner by issuance of notice dated 12th February, 2026 under Annexure-2. 3. Accordingly the writ petition is disposed of at the stage of admission with a direction to the Commissioner of BMC (O.P. No.2) to grant due opportunity of hearing to the petitioner and consider his objection, if any, filed, before proceeding for his eviction from the case land, and take decision, in accordance with law, within a period of six weeks from the date of receipt of certified copy of this order along with a copy of the writ petition. Till such decision is taken by Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 09-Mar-2026 18:11:47 Signature Not Verified Opposite Party No.2, the petitioner may not be evicted from the case land. 4. An urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge M.K.Panda