Authority: High Court of Odisha, Cuttack

Order Date: 15 October 2026

Case Overview

  • Petitioner: M/s Suvarambh, Khurda, represented by Senior Advocate K.P. Mishra and Advocate S.G. Das.
  • Opposite Parties: State of Odisha & others, represented by Senior Advocate D.N. Mohapatra, Advocate A. Pradhan, Advocate D. Mohanty, and AGA S. Behera.
  • Nature of Proceeding: Writ Petition (W.P.(C) No.33374 of 2026, CNR No. ODHC010800662026) seeking a direction to opposite parties Nos.3 & 4 (BDA officials) to prevent unauthorized use of Janata Maidan Big Patch by opposite party No.5 and to restrain advertising and ticket sales for a Dandia event scheduled 16‑18 Oct 2026.
  • Background: The petitioner was allotted the Big Patch for a Dandia cultural event (Annexure‑1) from 16‑18 Oct 2026. Opposite party No.5 was allotted the Small Patch (17 Oct‑5 Nov 2026) and the Big Patch (23 Oct‑4 Nov 2026) for the Bhubaneswar International Trade Fair 2026 (Annexure‑2). The petitioner alleged that the trade fair organizer intended to hold a Dandia event overlapping with its own, creating unhealthy competition and chaos, and cited the Supreme Court decision in Sodan Singh v. New Delhi Municipal Committee (1989) 4 SCC 155.
  • Court’s Observations:
  • The earlier order dated 14 Oct 2010 directed the BDA to respond; the BDA later clarified that separate spaces had been demarcated, with an internal road separating the two allocations.
  • The petitioner's claim of unauthorized use was not substantiated; the allotments are distinct and no encroachment was identified.
  • The court examined the relevance of Sodan Singh and noted that the case dealt with municipal regulation of hawkers, not with the allocation of event spaces by a development authority.
  • The BDA has not imposed any restrictive covenants in the allotment letters; its role is limited to allocating space, not arbitrating disputes between event organizers.
  • Any concerns of the petitioner must be addressed through the District Administration, not through BDA intervention.

Final Outcome

  • The writ petition is dismissed in its entirety.
  • No direction is issued to opposite parties Nos.3 & 4 (BDA) to prevent opposite party No.5 from conducting its Dandia event as part of the trade fair.
  • Opposite party No.5 may hold the Dandia event from 17 October 2026 onward, adhering to the revised schedule.
  • The BDA is instructed to ensure compliance with the stipulated allotment conditions.
  • The petitioner is advised that it may pursue other appropriate legal remedies if desired.

Topics: Event Allocation, Land Use Dispute