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Orissa High Court

Nrusingh Charan Muduli vs State Of Odisha & Ors. .... Opposite ... on 8 April, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        CRLMC No.834 of 2026

                                    Nrusingh Charan Muduli          ....                      Petitioner(s)

                                                                        Ms. Suryanshi Srivastava, Adv.
                                                                 -versus-
                                    State of Odisha & Ors.          ....            Opposite Party(s)

                                                                                   Mr. Sonak Mishra, ASC

                                             CORAM:
                                             HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI

     Order No.                                                    ORDER
        02.                                                      08.04.2026
                                   1.

This matter is taken up through hybrid arrangement.

2. In filing the present CRLMC, the Petitioner has prayed for

quashing of the order dated 21.02.2026 passed by the Sub-Collector &

Sub-Divisional Magistrate, Cuttack in Misc. Case No.19 of 2026, as

well as the consequential notice dated 21.02.2026 issued by the

Tahasildar, Nischintakoili.

3. Heard learned counsel for the parties.

4. The brief facts of the case are that in the year 2023,

Designation: Senior Stenographer

construction/development work of "Mahapurush Shree Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Apr-2026 18:58:22

Achyutananda Mini Stadium, Nemalo" was undertaken

departmentally and the Petitioner, being a contractor, was selected

and entrusted by the Opposite Parties to execute the said work. The

Mini Stadium was constructed over Ac. 7.00 decimals of land

covering eight plots under Khata No.579/181 within Nischintakoili

Tahasil. The land stands recorded in the name of the Higher

Education Department, Odisha, represented through Mahapurush

Achyutananda Mahavidyalaya. Since the work was a Government

project, the formal work order was issued in the name of the Junior

Engineer, Sri Anam Charan Biswal. The Petitioner executed the work

under the supervision of the said Junior Engineer, the Assistant

Executive Engineer Sri Nalini Mohapatra, and the then B.D.O.,

Nischintakoili, Sri Dharmaranjan Panda.

5. After substantial completion of the Mini Stadium, the Assistant

Engineer, Junior Engineer, and Panchayat Executive Officer,

Nischintakoili inaugurated the said facility.

6. Prior to inauguration, a joint meeting was convened by the

concerned officials, wherein the Petitioner was requested orally to

complete additional works such as flooring, Gallery No.2 and the

changing room. Acting upon such directions and under field

supervision of the officials, the Petitioner completed the additional

works on a war-footing at his own cost.

7. It is contended that the Petitioner has received only a sum of

Rs.82,00,000/- towards running bills, whereas the estimated project

cost was Rs.1,27,80,000/-. In addition, the Petitioner claims to have

incurred approximately Rs.60,00,000/- towards the additional works

executed prior to inauguration. Despite completion of the work, the

final bill has not yet been released. The Petitioner submits that he has

incurred expenditure towards labour and materials on credit and is

suffering severe financial hardship, mental agony and physical stress

due to non-payment.

8. The Petitioner repeatedly approached the authorities for release of

his dues. An inquiry was conducted by the B.D.O., Nischintakoili,

and the report dated 17.02.2026 submitted to the Sub-Collector, Sadar,

Cuttack clearly records that although the Stadium has been

completed, the executant has not received full payment for the

expenditure incurred.

9. While the matters stood thus, on 02.01.2026, the Tahasildar,

Nischintakoili approached the Sub-Collector, Cuttack alleging

unauthorized locking of the Mini Stadium by the Petitioner and

sought appropriate orders for removal of such alleged obstruction.

Consequently, Misc. Case No.19 of 2026 was registered and on

21.02.2026, the Sub-Collector & Sub-Divisional Magistrate, Cuttack,

without issuing notice to the Petitioner or affording an opportunity of

hearing, passed an ex-parte order under Section 152 of the BNSS, 2023

directing immediate removal of the lock and handing over possession

to the B.D.O., Nischintakoili.

10. Learned counsel for the Petitioner submits that the impugned

order is vitiated in law, as the authority failed to consider the

admitted fact, as reflected in the B.D.O.'s inquiry report, that the

Petitioner has not been paid his legitimate dues. Non-consideration of

relevant material renders the order arbitrary and unsustainable.

11. It is further contended that the Sub-Collector & Sub-Divisional

Magistrate ought to have addressed and attempted to resolve the

underlying dispute between the parties instead of issuing coercive

directions. Passing an ex-parte order without adjudicating the

competing claims amounts to improper exercise of jurisdiction.

12. Learned counsel further submits that once the authority itself

characterized the dispute as a "private dispute", initiation of

proceedings at the instance of the Tahasildar under summary

jurisdiction is legally untenable. The impugned order thus suffers

from jurisdictional error and non-application of mind.

13. It is also contended that the authority failed to appreciate that the

work was executed pursuant to a Government project on the land

belonging to the Higher Education Department and the Petitioner has

admittedly not been paid the final bill. The impugned order and

consequential notice are, therefore, arbitrary and liable to be quashed.

14. Further, it is argued that the impugned order has been passed in

gross violation of the principles of natural justice, particularly audi

alteram partem, as no opportunity of hearing was afforded to the

Petitioner. Such an order, being procedurally unfair, is liable to be set

aside.

15. Learned counsel for the State, on the other hand, submits that the

Petitioner unlawfully obstructed access to a public property situated

on Government land and, therefore, the order passed by the Sub-

Collector & Sub-Divisional Magistrate suffers from no illegality or

infirmity.

16. The impugned order passed by the Sub-Collector & Sub-

Divisional Magistrate, Cuttack is reproduced below:

".....

WHEREAS, Tahasildar, Nischintakoili vide Ltd. No.663 dtd. 21.02.2026 has submitted regarding the unauthorized locking of Mahapurusha Shree Achyutananda Mini Stadium at Nemalo and apprehension of breach peace owing to unjustly depriving the general public of the locality to access a complete public amenity. Given the volatile public sentiment and the fact that a breach of peace may erupt at any moment the Tahasildar, Nischintakoili has recommended to pass a restrictive order for removal of un-lawful obstruction/nuisance.

AND WHEREAS, it appears that Mahapurusha Shree Achyutananda Mini stadium, Nemalo, a public property situated on Govt. land is being unlawfully obstructed by one Sri Nursinga Charan Mudulli of Jaladia, PO-Orikanta, District- Cuttack and the Tahasildar, Nischintakoili has reported that such obstruction is causing public grievance and may lead to breach of peace;

NOW, THEREFORE. I Dibyajyoti Smruti Ranjan Deo, OAS-A(SB), Sub-Collector & Sub- Divisional Magistrate, Cuttack, in exercise the power vested on me under Section-152 of Bharatiya Nagrik Surksha Sanhita. 2023 do hereby direct that:

I. No private dispute shall obstruct public access to this Govt. property.

II. Sri Nursinga Charan Mudulli of Jaladia, PO- Orikanta, District-Cuttack shall immediately remove the lock and obstruction and handover the keys to the EDO, Nischintakoili.

III. BDO, Nischintakoili and Tahasildar, Nischintakoili shall ensure the stadium is open for public use forthwith.

Owing to the necessity of the situation, this order is passed ex parte under Section-l52 of BNSS. Any one aggrieved by the order may approach the competent authority for modification/waiver of the order.