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Orissa High Court
Manas Ranjan vs Sub Divisional .... Opposite Parties on 12 March, 2026
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 190 of 2026
1. Manas Ranjan ... Petitioners
Samal
2. Jyoti Ranjan Mallick
Mr. B. Nayak, Advocate
-versus-
1. Sub Divisional .... Opposite Parties
Magistrate,
Jagatsinghpur
2. Tahasildar, Biridi
Mr. M. R. Mohanty, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
12.03.2026
Order No.
01. 1. Heard learned counsel for the Petitioners and
learned counsel for the State.
2. Being aggrieved by the order dated 13.02.2026
passed by the learned Sub Divisional Magistrate,
Jagatsinghpur in Misc Case No. 14 of 2026 in exercise of
power under Section 152 of BNSS, the present Criminal
Revision has been filed.
3. It is submitted by the learned counsel for the
Petitioners that the Petitioners have received work order
for executing several developmental works under the
territorial jurisdiction of the Tahasildar Biridi and in order
to execute such work, they had procured the sand and
because there was lack of space to keep the same, in
view the urgency involved in finishing the projects
allotted to them in a timebound manner, they were
constrained to keep the sand in a public place.
4. Taking into account that it has resulted in an
alleged public nuisance and unlawful obstruction of public
way and "injurious to the health/safety of the community
in terms of Section 152 of the BNSS, show cause was
issued to the Petitioners on 07.02.2026, pursuant to
which they submitted their show cause on 09.02.2026,
inter alia, indicating the difficulties they were facing and
they had no other alternative.
5. Taking into account the show cause, the Sub
Collector Jagatsinghpur, passed the order dated
10.02.2026 directing the Petitioners to lift the sand within
3 days.
For convenience of the reference, the operative
portion of the said order is extracted hereunder:-
"The case record is put up today for order.
Both Parties were present. Perused the report
received from the Tahasildar, Biridi vide letter
no.302 dtd. 06.02.2025 regarding large quantities
of sand are being illegally dumped/stored along
the roadside by the O.Ps over Govt. plot No.1170
under Khata No.1241 of village Adhanga Majurai,
Govt. plot No.1877 under Khata No.649, private
plot No.1348 under khata No.148/10 under village
Barahpur and Deity plot No.754 under Khata
No.1395 of village Adhangagarh.
The report further indicates that this dumping
is creating a public nuisance, causing severe,
inconvenience to commuters, blocking the public
right-of-way, and damaging nearby arable lands
due to improper disposal, causing substantial
financial loss to farmers.
Upon perusal of the report & considering the
material available on record, I am satisfied that
this activity falls under the category of a public
nuisance, unlawful obstruction of a public way, and
an activity injurious to the health/safety of the
community, as per Section 152 of BNSS, 2023.
Therefore, it is hereby ordered and the OPs
are responsible for the dumping of high quantity of
sand to remove the said sand and clear the
obstruction from the public road within three days
from the date of this order. Tahaslidar, Biridi is
directed to immediately take administrative control
of the property, coordinate with local law
enforcement to evict the unauthorised occupants
and secure the Govt. land to prevent future
trespass and potential damage/nuisance.
It is hereby ordered to Opp.No.1 & 2 to
submit work order of construction work within 2
days and not to lift the sand without the
permission of the undersigned. The case is posted
to 13th February2026."
6. And, since the time limit as fixed, expired on
13.02.2026, the impugned order has been passed,
whereby the direction has been issued to sell the sand by
public auction and the sale proceeds to be deposited with
the Revenue Authority.
7. It is submitted by the learned counsel for the
Petitioners that in passing the impugned order, the Sub
Divisional Magistrate-Opp. Party No.1 acted with undue
haste and lost sight of the practical difficulties being faced
by the Petitioners which was delineated in the show cause
referred to hereinabove.
And, it is submitted that the manner in which the
Petitioners have been asked to remove the sand within 3
working days is ex facie arbitrary which merits
interference by this Court.
8. Learned counsel for the State on the other hand
submits that the prayer as made by the Petitioners if
granted would amount to giving license to the violation of
Section 152 of the BNSS and therefore, the criminal
revision ought not to be entertained.
It is further submitted that ventilating their
grievance the Petitioners could have approached the
higher authorities including the Collector and having not
done so, the Petitioners have rushed to this Court and the
criminal revision is liable to rejected on the said ground
alone.
9. On considering the rival submissions and weighing
the same on the scale of equity, this Court is of the
considered view that directing the Petitioners to remove
the sand in question within a period of 7 days hence
would meet the ends of justice.
10. The Petitioners shall submit an affidavit to the
said effect in this Court by tomorrow i.e. 13.03.2026. The
same shall form part of the record.
In the event, the sand is not removed within 7
days hence as undertaken, it shall be open for the
authorities to take action in accordance with law and this
Court will also consider to initiate proceeding against the
Petitioners for violating the undertaking given to this
Court.
11. For the reasons, as aforesaid, the impugned order
at Annexure-4 is set aside.
12. Accordingly, the criminal revision stands disposed
of.
13. U.C.C. as per rules.
(V. NARASINGH)
Judge
Jina
Location: High Court of Orissa
Date: 14-Mar-2026 14:02:11
