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Orissa High Court
Dillip Kumar Das vs The Commissioner on 9 March, 2026
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 1539 of 2026
Dillip Kumar Das .... Petitioner
Mr. S.S. Satapathy, Advocate
-versus-
1. The Commissioner, Cuttack .... Opposite Parties
Municipal Corporation,
Cuttack,
2. Asst. Commissioner,
Sanitation Cuttack
Municipal Corporation,
Cuttack
3. Prabodh Das
4. Deepak Kumar Das
Mr. P.K. Mohanty, Sr. Advocate
Mr. P. Mohanty, Advocate (O.P. Nos.1 & 2)
Mr. D. Dhal, Advocate
(O.P. Nos.3 & 4)
CORAM: JUSTICE V. NARASINGH
ORDER
09.03.2026
Order No.
03. 1. Heard Mr. Satapathy, learned counsel for the
Petitioner, Mr. P.K. Mohanty, learned Senior Counsel
instructed by Mr. P. Mohanty, learned counsel for the
Opposite Party Nos.1 & 2, Mr. Dhal, learned counsel
for the Opposite Party Nos.3 & 4.
2. On notice having been issued, learned counsel
has entered appearance for private Opposite Party
Nos.3 & 4.
3. The Petitioner has filed the present writ
petition alleging inaction on the part of the authorities
of the Cuttack Municipal Corporation, Cuttack.
4. For convenience of reference, the prayer in the
writ petition is extracted hereunder:-
"It is therefore prayed that your this Hon'ble
Court may graciously be pleased to admit the
Writ Application, call for the records direct the
Opp. Party No.- 1 & 2 Authority to register the
Complaint/Grievance of the Petitioner as a
case vide Annexure-3, issue order(s)
/direction(s) against the Opp. Party No.- 3 & 4
to initiate the legal proceeding so also to pass
necessary order(s) for a fair field inquiry and
after inquiry pass necessary orders against the
Opp. Parties as per law and direction be made
against the Opp. Parties to make separate
arrangements for the drainage and sewage
system so also the septic tank for their use in
connection with the affairs of Sankar Lodge;
And may further be pleased to issue notice to
the private Opp. Parties to show cause as to
why appropriate writ(s)/direction(s)/order(s)
shall not be issued to take appropriate
arrangement for the safety and hygiene of the
Ground Floor tenants of the Petitioner so also
for the public for the unsafe and unhygienic
sewage and drainage system of the building
over Plot No.- 18/1055, Khata No.-535/103, of
Mauza- Cuttack Sahar Unit No.-17, Badambadi
and if the Opp. Party fail to show cause or
show insufficient cause, the writ(s)/
direction(s)/order(s) shall be made absolute
against the private Opp. Parties.
And may pass any other order(s)/direction(s)
as deem just and proper.
xxx xxx xxx"
4. Referring to the provisions as contained under
Sections 327, 330, 331 & 599 of the Odisha Municipal
Corporation Act, 2003, it is submitted that the
inaction of the authorities merits interference by this
Court in exercise of its plenary powers and more so
since the Petitioner's complaint/grievance submitted
to the Opposite Party No.2 has remain unaddressed.
5. Mr. P.K. Mohanty, learned Senior Counsel
instructed by Mr. P. Mohanty, learned counsel for the
Opposite Party Nos.1 & 2 and Mr. Dhal, learned
counsel for the Opposite Party Nos.3 & 4 submit that
there are inter-se dispute between the Petitioner and
the private Opposite Parties. Hence, this writ petition
is not entertainable.
6. Considering the rival submission and keeping
in view the provisions of the Odisha Municipal
Corporation Act, 2003 adverted to hereinabove, this
Court is persuaded to hold that interest of justice
would be sub-served if the Opposite Party No.2-Asst.
Commissioner, Sanitation Cuttack Municipal
Corporation, Cuttack is called upon to take a decision
in the matter within a period of four weeks hence
after giving an opportunity of hearing to the
Petitioner as well as Opposite Party Nos.3 & 4. The
decision so taken shall be communicated to the
parties.
7. To cut short any further delay, the Petitioner
and the Opposite Party Nos.3 & 4 shall appear before
the Opposite Party No.2-Asst. Commissioner,
Sanitation Cuttack Municipal Corporation, Cuttack on
23.03.2026 to receive further instructions.
8. Since this order has been passed in the
presence of the parties, no further notice need be
issued to them.
9. It is needless to state here that this Court has
not expressed any opinion regarding the claim of the
Petitioner and Opposite Party Nos.3 & 4 which has to
be gone into in an independent manner as well as the
power of the Opposite Party No.2-Asst. Commissioner,
Sanitation Cuttack Municipal Corporation, Cuttack to
exercise the jurisdiction in terms of the Odisha
Municipal Corporation Act, 2003 referred to
hereinabove in the factual matrix of the case at hand.
10. Accordingly, the writ petition stands disposed
of.
(V. Narasingh)
Ayesha Judge
Location: High Court of Orissa, Cuttack
