IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2306 of 2026 Nrusingh Prasad Sundaray ...… Petitioner(s) Mr. Sanjay Kumar Samantaray, Advocate -Versus- State of Odisha & Ors. ……. Opposite Party (s) Mr. Sonak Mishra, ASC Mr. Pronoy Mohanty, Advocate for O.P Nos.3 & 5 Mr. Gyana Ranjan Mohapatra, Advocate for O.P Nos.2 & 4 Mr. Srinivas Mohanty, Advocate CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 09.03.2026 Order No. 03. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner, by filing this Writ Petition, has sought for a direction from this Court to the Commissioner, BMC/Opposite Party No.3 to register and dispose of the application dated 16.12.2025 under Annexure-2 for demolition of unauthorized construction made by Opposite Party No.6 over Plot No.487 under Khata No.50 encroaching a part of land about Ac.0.021 out of Ac.0.031 decs, from Plot No. 486 under Khata No.230/2668 of same Mouza- Aiginia. 3. Learned counsel for the Petitioner submits that the petitioner Digitally Signed along with his three brothers are the joint recorded owners in Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 11-Mar-2026 11:14:16 Signature Not Verified 2 possession of Plot No.486 under Khata No.230/2668 of Mouza- Aiginia measuring an area Ac.0.031 decs. The Opposite Party No.6 along with his mother, brother and sister are also joint recorded owners of the land measuring Ac.0.027 decs., of Plot No.487 under Khata No.50 of the same Mauza- Aiginia under Tahasil- Bhubaneswar in the District of Khordha. Both the parties are coparceners descending from their common ancestor Late Lingaraj Sundaray. Srikumar Sundaray/Opposite Party No.6 without obtaining prior permission or/and taking any consent of the petitioner as well as other joint recorded owners as required under Section-16 (3) of Orissa Development Authorities Act, 1982, constructed a permanent building over his joint recorded Plot No.487 in forcibly encroaching Ac.0.021 decs. of land from Plot No.486 of the petitioner. Since the said constructions are being carried out without obtaining any prior permission or building plan approval either from Bhubaneswar Development Authorities (BDA) or the Bhubaneswar Municipal Corporation (BMC), the same are clear violation of the statutory provisions under the Orissa Development Authorities Act, 1982 and the BDA Planning & Building Standards Regulations,2018 and are liable to be demolished under Section- 91 of the Odisha Development Authorities Act, 1982. Hence, the Petitioner has filed an application dated 16.12.2025 before the Commissioner, BMC/Opposite Party No.3 under Section-91 of the Odisha Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 11-Mar-2026 11:14:16 Signature Not Verified 3 Development Authorities Act, 1982 read with BDA (Planning and Building Standards) Regulations), 2018 with a prayer for demolition of unauthorized construction carried out by Opposite Party No. 6 over Plot No. 487 under Khata No. 50 in forcibly encroaching a part of land of the petitioner measuring Ac.0.021 out of Ac.0.031 decs. from Plot No. 486 under Khata No.230/2668 of Mouza- Aiginia without obtaining any prior permission and approval of building plan. But, the same is still pending without taking any action i.e. either to register a case or to dispose of the same with a direction as prayed for. Hence, this case. 4. Considering the submissions made by the learned counsel for the Petitioner and on going through the averments made in this Writ Petition, this Court is of the view that since the application is stated to have been pending before the Commissioner, BMC/ Opposite Party No. 3, this Court directs the Commissioner, BMC/ Opposite Party No. 3 to take a decision in the matter and dispose of the case within a period of one month from the date of presentation of an authenticated copy of this order. 5. The Writ Petition stands disposed of, accordingly. ( Dr. Sanjeeb K Panigrahi) Judge Gitanjali