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Orissa High Court
Registrar (Judicial) vs State Of Odisha & Others .... Opp. ... on 16 April, 2026
Bench: K.R. Mohapatra, V. Narasingh
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
IN THE HIGH COURT OF ORISSA AT CUTTACK
SUO MOTU W.P.(C) PIL No.2140 of 2020
Registrar (Judicial), .... Petitioner
Orissa High Court, Cuttack
Mr. Lalatendu Samantaray, Sr. Advocate
President, OHCBA
Mr. H.N. Mohapatra, Advocate
Secretary, OHCBA
-versus-
State of Odisha & Others .... Opp. Parties
Mr. Debasis Nayak,
Additional Government Advocate &
Advocate for the CMC
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE V. NARASINGH
ORDER
16.04.2026
Order No. 1) RECONSTITUTION OF COMMITTEE(S) TO ASSIST
THE COURT
416. 1. On submission of Mr. Lalatendu Samantaray,
16.04.2026
Senior Advocate, President and Mr. Hrudananda
Mohapatra, Secretary of Orissa High Court Bar
Association respectively, the Committee to oversee the
issues relating to SCBMCH and Sadar Vallabhbhai Patel
Post Graduate Institute of Paediantics, Sishu Bhawan,
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
Cuttack is reconstituted consisting of the following
members:-
(1) Mr. Hrudananda Mohpatra, Secretary, High
Court Bar Association,
(2) Mr. Prasanta Kumar Jena, Advocate
(3) Mr. Niranjan Lenka, Advocate
(4) Mrs. Kajal Sahu, Advocate
(5) Mrs. Sudha Mayee Das, Advocate
(6) Mr. Saroj Kumar Padhy, Advocate
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
2) ISSUES OF SCBMCH, CUTTACK
i) INTERDEPARTMENTAL COORDINATION
417-A. 1. These matters are taken up through hybrid arrangement
16.04.2026
(video conferencing/physical mode).
2. Mr. Nayak, learned Additional Government Advocate
submits that the direction as per the Order No.413-B dated
9th April, 2026 shall be complied with after submission of
report of the newly constituted Advocates' Committee.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
3. Put up this matter on 2nd July, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
ii) FUNCTIONING OF TRAUMA CARE CENTRE
417-B. 1. Mr. Nayak, learned Additional Government
16.04.2026
Advocate, on instruction, states that one member of
Judicial Commission had already visited the Trauma Care
Unit on 13th April, 2026 and scheduled to revisit the place
today also. It is submitted that after the fact-finding visit is
completed by the Judicial Commission, the restoration
work of Trauma Care Unit of SCBMCH shall be expedited.
2. Put up this matter on 14th of May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
3) SARDAR VALLABHBHAI PATEL POST GRADUATE
INSTITUTE OF PAEDIANTICS-SISHU BHAWAN
i) OPEN DRAIN IN SHISHU BHAWAN
418.
16.04.2026
. 1. Report submitted by learned Deputy Registrar
(A&P) and learned Assistant Registrar (Administration),
pursuant to Order No.414-A dated 9th April, 2026 in sealed
cover is opened in Court and taken on record.
2. The matter shall be considered after the
reconstituted Committee meant to oversee the issues
relating to SCBMCH and Sardar Vallabhbhai Patel Post
Graduate Institute of Paediantics, Sishu Bhawan, Cuttack,
makes an inspection and submits a report with regard to
alleged encroachment over the municipal drain outside the
campus of Sishu Bhawan. The report shall be submitted by
4th May, 2026.
3. Put up this matter on 7th May, 2026.
4. Learned Advocate's Committee shall be provided
with DPR(s) of the Internal Drainage System of Sishu
Bhawan within a period of seven days.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
i) OPEN DRAIN IN SHISHU BHAWAN
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
OTHER ISSUES
1) UNSAFE BUILDING IN CUTTACK CITY: ACTION
TAKEN THEREON
419. 1. Pursuant to Order No.388 dated 12th February, 2026,
16.04.2026 a report has been submitted by the Additional District
Magistrate-cum-Nodal Officer, Cuttack. Annexure-II of the
said report is extracted hereunder;
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
2. The report reveals that by the date it was
submitted, 48 schools had already been visited. The
report reveals a shocking state of affair. It appears that the
St. Xavier School, Misson Road, Buxi Bazar, Cuttack is
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
functioning in an almost dilapidated building and the
structural stability report has not been produced along
with the report.
3. Mr. Kamaljit Dash, the Additional District
Magistrate, Cuttack, however, assures this Court that
steps shall be taken keeping in mind the safety of the
children as well as other teaching and non-teaching staff
of the school and if required, necessary arrangement shall
be made in consultation with the management of the
school.
4. Steps taken in this regard shall be submitted by 4 th
May, 2026.
5. Put up this matter on 7th May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
2) CREMATORIUMS AND THE GRAVEYARDS
420. 1. Pursuant to Order No.389 dated 12th February, 2026,
16.04.2026
it is stated that a discussion was made with all the
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
stakeholders of 31 crematoriums/graveyards of the Cuttack
City. From the above, it is revealed that 14
crematoriums/smasans do not have drinking water facility.
2. Mr. Baiswa Bhushan Behera, the General Manager,
WATCO Division, Cuttack, who appears through virtual
mode, intimates that out of 14, 11 crematoriums have
already been provided with drinking water facilities. In
Tulasipur crematorium, presently water supply can be
provided through hand pump/tubewell. For supply of piped
drinking water, road cutting will be required. He further
submits that in Khannagar smasan, drinking water supply
through pipeline can only be provided from Malachandia
Chhack, for which road cutting will also be required and
communication has been made in this regard with the CMC
to do the needful.
2.1. In respect of Kanheipur smasan, although a report
was submitted for providing drinking water supply by 10 th
March, 2026, however, such timeline could not be adhered
to on account of issue relating to land.
3. Mr. Kamaljit Dash, the Additional District
Magistrate, Cuttack, who appeared through virtual mode,
however, submitted that an alternative path for providing
piped drinking water to Kanheipur smasan has already been
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
identified and drinking water supply shall be made to
Kanheipur smasan within seven days.
4. Mr. Nayak, learned counsel appearing for the CMC
drew attention of this Court to the affidavit filed by the
Health Officer, CMC, Cuttack, in which it is indicated as
under:
"4. xxx xxx xxx
(a) Regarding both Gas and Wooden
Crematoriums at Khannagar, it is humbly
submitted that Common Toilet/Wash Room
facilities, separately for Male and Female, are
available for both Gas and Wooden
Crematorium at Khannagar. Rest shed,
drinking water facilities and lighting facility
are also available in the said crematoriums."
5. Mr. Nayak, learned counsel for CMC submitted that
he has no definite instruction with regard to Tulasipur
crematorium. He, however, prays for a short adjournment
to place on record the drinking water facility and basic
amenities available at Gorakabar by the next date.
6. Re-constituted Advocates' Committee for the
different Wards of the CMC shall visit the respective
smasan/graveyards and submit a report with regard to
provision of drinking water and other basic amenities to the
said crematoriums/graveyards.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
7. Put up this matter on 21st May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
3) KRUSHAKA BAZAR
421.
16.04.2026
1. The Commissioner, CMC, Ms. Kirandeep Kaur
Sahota, IAS, flagged different issues with regard to non-
cooperation of RMC in preparing the DPR and releasing the
funds relating to sanitation.
2. Mr. Mohanty, learned counsel representing the
RMC refutes such accusation and submits that the
executing agency is charging approximately Rs.40,000/- per
month for carrying out sanitation work of Damana hata
under RMC Jatni, which is spread over the larger area than
Krushak Bazar but, surprisingly it is charging much higher
price for doing the self-same work for Krushak Bazar, for
which negotiations are underway with such executing
agency.
3. Be that as it may, it is directed that the RMC shall
release dues which according to them are payable to the
CMC before the next sitting, fixed on 23rd April, 2026. On
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
the said date all the stakeholders including the Sub-
Collector shall appear in person or through virtual mode to
assist this Court.
4. Put up this matter on 23rd April, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
4) SANITATION, DUSTBINS, AND URBAN HAT
AMENITIES
422. 1. Perused the affidavit filed by Deputy Commissioner,
16.04.2026
Cuttack Municipal Corporation at Flag-595.
2. Heard Mr. Nayak, learned Additional Government
Advocate for the CMC.
3. Put up this matter on 14th of May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
5) JALASAYA IN CUTTACK CITY
423. 1. Put up this matter on 14th of May, 2026 along with
16.04.2026
W.P.(C) No.9451 of 2019.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
6) PETANALA
424. 1. Mr. Abinash Raul, Chief Engineer and Mr. Malay
16.04.2026
Dharua, Executive Engineer of Water Resources
Department joined the proceeding through virtual mode.
2. The Executive Engineer informed this Court that
four tenders have been floated for construction of side walls
of Petanala. The Bar raises an issue with regard to cleaning
of Petanala.
3. The Chief Engineer assures this Court that pending
finalization of the tenders, in the meantime steps shall be
initiated to clean the Petanal.
4. The Executive Engineer also intimated the Court
that the tenders floated are expected to be finalized and the
work is expected to commence in the month of June, 2026.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 16-Apr-2026 21:04:32
5. Put up this matter on 23rd April, 2026. Both the
Chief Engineer and Executive Engineer shall appear either
through virtual/ physical mode on the said date.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
S.S.SATAPATHY
