Sravan Kumar Deb vs Union Of India And Others
2026 Latest Caselaw 523 Ori

Orissa High Court

Sravan Kumar Deb vs Union Of India And Others on 20 January, 2026

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             WP(C) No.37820 of 2025

            Sravan Kumar Deb                              ...              Petitioner
                                                                         In person
                                           -Versus-
            Union of India and others                     ...
                                                    Opposite Parties
                                                 Mr.Saswat Das,
                                   Additional Government Advocate
                               CORAM:
                   THE HON'BLE THE CHIEF JUSTICE
                                 AND
             THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN

                                           ORDER

Order No.                                 20.01.2026
  01.       1.     The instant writ petition, in the nature of Public Interest

Litigation, is at the behest of a public-spirited person, flagging an issue that despite the judgment rendered by the Apex Court in Common Cause vs. Union of India and others; (2017) 9 SCC 499, the State Government is not strictly and rigorously implementing the ultimate direction passed therein.

2. The Constitution Bench of the Supreme Court, in the said decision, showed serious concern on the illegal mining found rampant across the State, yet the State has shown an apathetic attitude in not taking adequate step or measures in this regard. It is held by the Apex Court that those illegal miners should be saddled with the cent percent penalty as there is no escape route for the same.

3. The writ petition demonstrates one of the examples where the opposite party no.6 is being treated leniently and no step has been taken in terms of the directions passed by the Apex Court in Common Cause matter.

4. Mr. Saswat Das, learned Additional Government Advocate appearing in the matter prays for an accommodation to take necessary instruction, more particularly, to verify the statements/allegations adumbrated in the instant writ petition not only concerning the opposite party no.6 but also others.

5. Since the serious questions have been raised in the instant writ petition, we, therefore, permit the State to file an affidavit disclosing all the facts relating to the illegal mining activities across the State and the steps having taken in this regard.

6. Such affidavit shall be filed within two weeks.

7. The opposite party no.5 be expunged from the categories of the opposite parties in the instant writ petition.

8. Issue notice to the opposite party no.6 by Speed Post with A.D., requisites for which shall be filed within three working days. In the event of furnishing such requisites within the period stipulated, the Office shall send the notice to the said opposite party by fixing a short returnable date.

9. List this matter on 10th February, 2026.

10. The petitioner is directed to serve copy of the writ petition upon opposite party no.1 in the meantime.

                                                                                     (Harish Tandon)
                                                                                      Chief Justice
Signature Not
Verified
Digitally Signed                                                                      (M.S. Raman)
Signed by: ASWINI KUMAR
SETHY
Designation: Personal
                                                                                         Judge
Assistant (Secretary-in-charge)
Reason: Authentication
Location: ORISSA HIGH
COURT, CUTTACK                    Aswini
Date: 20-Jan-2026 19:01:29