'No Fetters On Using Upper Ground': Orissa High Court Allows Cuttack Administration To Hold Bali Jatra On Both Lower & Upper Grounds
The Orissa High Court on Thursday (October 09) made it clear that no judicial fetter has been put upon the District Administration of Cuttack for holding the historic 'Bali Jatra', set to commence next month, in the upper ground.The matter was mentioned before a Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh, which was hearing a suo moto public interest litigation...
The Orissa High Court on Thursday (October 09) made it clear that no judicial fetter has been put upon the District Administration of Cuttack for holding the historic 'Bali Jatra', set to commence next month, in the upper ground.
The matter was mentioned before a Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh, which was hearing a suo moto public interest litigation (PIL) relating to the civic issues of the city of Cuttack.
The Collector & District Magistrate, Cuttack filed an affidavit in compliance with the orders of the Court passed last year, which had advised the district administration to hold the fair in the lower Bali Jatra ground so as to make it convenient for public as well as emergency vehicles to pass through the Ring Road which falls in between the upper and lower grounds.
However, as the plots were already allotted by the time the Court asked the administration to exclusively use the lower ground last year, permission was granted to use the upper ground as well. Nevertheless, the administration had assured the Court to use the lower ground for the fair and the upper ground for parking purposes from this year.
Subsequently, the compliance affidavit highlighted the concerns raised by various stakeholders who raised objections against the proposed shifting of stalls from the upper ground to the lower ground. They emphasized that the heritage, culture, and historical significance of the Bali Jatra are rooted in the upper ground, where the festival originally started. Therefore, permission was again sought to use some parts of the upper ground for organising Bali Jatra.
Quoting the operative portions of the previous orders, the Court clarified that it had never put any complete ban on use of the upper ground for such purpose.
“…it is abundantly clear that this Court has not put any fetters on the District Administration regarding use of Upper Balijatra ground in organizing the historic Balijatra, 2025. Hence, in our considered view, no permission is required from this Court for the District Administration to use some part of the Upper Balijatra Ground for organizing the Historic Balijatra.”
However, the Court asked the administration to comply with all other directions given last year concerning holding of the monumental festival.
Case Title: Registrar (Judicial), Orissa High Court, Cuttack v. State of Odisha & Ors.
Case No: W.P.(C) PIL No. 2140 of 2020
Date of Order: October 09, 2025
Counsel for the Petitioner: Mr. Manoj Kumar Mishra, Senior Advocate & President, OHCBA Mr. Avijit Pattnaik, Advocate & Secretary, OHCBA, Er. N.K. Mohanty, Amicus Curiae and Mr. Bijay Kumar Dash, Amicus Curiae
Counsel for the Respondents: Mr. P.K. Parhi, DSGI, Mr. D. Gochhayat, CGC; Mr. Debasis Nayak-A, Addl. Govt. Advocate & Advocate for CMC