Authority: High Court of Orissa at Cuttack

Order Date: 24 July 2026

Case Overview

  • Petitioner: M/s. Gayatri Techno Solutions, Berhampur, Ganjam (represented by Senior Advocate Bibekananda Bhuyan, assisted by Ms. S.S. Nayak).
  • Opposite Parties: The Berhampur Municipal Corporation, Berhampur and another party.
  • Writ Petition No.: W.P.(C) No.22800 of 2026.
  • Coram: Justice Sanjay Kumar Mishra.
  • Nature of Proceeding: Petition seeks issuance of Rule NISI and, if unopposed, a writ of Mandamus/Certiorari to quash Letter No. 12225 dated 15.07.2026 (Annexure‑3) and to prevent the Municipal Corporation from acting on that letter, directing compliance with the decision of the learned Civil Judge Senior Division, Berhampur in CS No.79/2025.
  • Background: The lease deed dated 16.01.2020 between the Municipal Corporation and the petitioner provides a five‑year extendable lease upon satisfactory payment and lessee’s representation. The petitioner requested an extension, but the corporation’s inaction led to filing of CS No.79 of 2025, currently posted for argument on 27 July 2026. An interim order (I.A. No.17 of 2025, Annexure‑2) was earlier passed in favour of the petitioner. Despite this, the Commissioner of the Municipal Corporation issued a letter on 15.07.2026 (Annexure‑3) stating that no further five‑year extension would be granted, based on Corporation Resolution No.01 dated 15.07.2026.
  • Petitioner’s Argument: The petitioner contended that the pending civil suit would not be concluded before the lease expiry on 31 July 2026, and the impugned letter, communicated on 17.07.2026, left no time to obtain an injunction before the lease expiry.

Final Outcome

  • The Court declined to entertain the writ petition, noting the pendency of CS No.79 of 2025, which already contains a prayer for a five‑year lease extension up to 31 July 2031.
  • The Court directed that the petitioner may file a fresh injunction application in CS No.79 of 2025 on 27 July 2026, serving a copy on the corporation’s counsel.
  • If the Senior Civil Judge, Berhampur, is unable to pass an appropriate order on the injunction application by 31 July 2026, the Letter dated 15.07.2026 (Annexure‑3) shall remain ineffective until such application is disposed of.
  • The writ petition is disposed of without any opinion on the merits of the case.
  • An urgent certified copy of this order shall be granted on proper application, and the petitioner may use the digitally signed copy available on the Court’s website for communication with the lower court.

Topics: Lease Extension, Municipal Lease Dispute, Court Order