Sailabala Mishra vs State Of Odisha & Others
2025 Latest Caselaw 3718 Ori

Orissa High Court

Sailabala Mishra vs State Of Odisha & Others on 6 February, 2025

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   W.A No.2348 of 2024


            Sailabala Mishra                         ....              Appellant

                                                      Represented By Adv. -
                                                Mr. S.K. Padhi, Sr. Advocate
                                        Mr. Dayananda Mohapatra, Advocate
                                         -versus-

            State of Odisha & others               ....          Respondents
                                                      Represented By Adv. -
                                                 Mrs. Suman Pattanaik, AGA

                                                   Mr. S.K. Mishra, Advocate
                                                        (for Respondent no.2)

                                             Mr. P.K. Mohanty, Sr. Advocate
                                                (for Respondent nos.3 and 4)


                                CORAM:
                  THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                               ACTING CHIEF JUSTICE
                                            AND
                     THE HON'BLE MR. JUSTICE M.S. SAHOO
                                           ORDER

06.02.2025 Order No.

11. 1. Mr. Padhi, learned senior advocate appears on behalf of

appellant and submits, the appeal has been preferred against

judgment dated 19th April, 2024, not only dismissing his client's

writ petition but also purporting to decide on his client's right, title

and interest in respect of the land, over which her hotel stands.

2. On query made he submits, letter dated 6th April, 2023 of

State Pollution Control Board was impugned in the writ petition. He

seeks interim direction upon the Board to allow entry and egress

into the hotel, sealed by it since last eight months.

3. Mrs. Pattanaik, learned advocate, Additional Government

Advocate appears on behalf of State. Mr. Mishra, learned advocate

appears on behalf of the Board and Mr. Mohanty, learned senior

advocate, for respondent nos.3 and 4.

4. On query made Mr. Mishra submits, impugned in the writ

petition letter dated 6th April, 2023 was with reference to online

application dated 10th August, 2016 made by appellant for consent

to be issued under sub-section (1) in section 25 of Water

(Prevention and Control of Pollution) Act, 1974.

5. We have perused said letter dated 6th April, 2023.

Requisitions made therein relate to mismatch of ownership identity

in respect of the hotel/building, for which petitioner had sought

consent to discharge effluent. The Board will be heard on

requirement under sub-section (1) in section 25 regarding title of

applicant seeking to obtain consent.

6. List on 14th February, 2025 under heading 'For Orders'.

(Arindam Sinha) Acting Chief Justice

(M.S. Sahoo) Judge jyostna/Radha