[Cites 2, Cited by 0]
Orissa High Court
Akshaya Kumar Biswal vs State Of Odisha .... Opposite Parties on 19 March, 2026
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.14 of 2026
Akshaya Kumar Biswal .... Petitioner
Mr. D.R. Mohapatra, Advocate
-versus-
1. State of Odisha .... Opposite Parties
2. Ananta Narayan
Senapati
Mr. M.R. Mohanty, AGA
Mr. A.K. Moharana, Adv. (O.P.2)
CORAM: JUSTICE V. NARASINGH
ORDER
19.03.2026
Order No.
03. 1. Heard learned counsel for the Petitioner,
learned counsel for the State and learned counsel for
the Opposite Party No.2.
2. The order passed by the learned Additional
District & Sessions Judge, Jajpur thereby setting
aside the order dated 18.01.2024 passed by the
Collector, Jajpur in Criminal Misc. Case No.01 of 2023
in exercise of power under Section 133 of Cr.P.C.,
which is the subject matter of challenge, is assailed in
this Criminal Revision.
3. Learned counsel for the Petitioner submits that
the learned Sessions Judge misdirected himself in
arriving at the conclusion that the order passed by
the Collector, Jajpur was not a conditional one. Hence
in exercise of revisional jurisdiction, the matter merits
consideration.
4. Per contra, learned counsel for the Opposite
Party No.2 submits that there is no illegality in the
order so passed. Hence, it needs no interference.
5. To know the veracity of the allegations
regarding the location of the Fly Ash Bricks unit in
question, a report was called for from the Collector,
Jajpur. The said report and that of the Additional
Tahasildar on the basis of which the proceeding under
Section 133 Cr.P.C. was instituted, as submitted by
the learned counsel for the Petitioner is taken on
record.
6. While exercising the jurisdiction, by order
dated 18.01.2024 under Section 133 Cr.P.C. the
Collector has observed that the unit in question is
creating a lot of pollution and in the light of the same,
gave opportunity to Opposite Party No.2 to shift to a
suitable place within a period of 2 months as per the
provision under the State Pollution Control Board,
Odisha. The operative portion of the said order is
extracted hereunder for convenience of reference.
"..............Under the above circumstances, you
are hereby directed to stop the bricks
manufacturing activity immediately and shift
the unit from the Municipality area to any
other suitable place within two months as per
provision under State Pollution Control Board,
Odisha or else the unit will be removed by the
local authority concern as per provision under
Section 133 Cr.P.C. to protect public nuisance.
Intimate all concerned".
(Emphasized)
7. Assailing the same, the Opposite Party No.2
preferred the Criminal Revision No.5 of 2024 and the
learned sessions judge in the operative portion of the
order extracted hereunder came to a conclusion that
since conditional order has not been passed, the
collector has exercised the jurisdiction under Section
133 Cr.P.C. and set aside the order dated 18.01.2024
referred to hereinabove, which is assailed in this
Revision as noted:-
"The Learned SDM, Jajpur has proceeded
under Section 133 Cr. P.C. without passing a
conditional order. The passing of the
conditional order gives jurisdiction to the
learned SDM, Jajpur to proceed further. He
treated the private dispute as a public dispute.
Hence, he committed a jurisdictional error and
the order suffers from illegality which is liable
to be set aside in the proceedings under
Section 397 Cr. P.C. In that view of the
matter, the order in Criminal Misc No. 1/2023
dated 18.01.2024 passed by the learned
S.D.M, Jajpur, is hereby set aside and the
revision application stands allowed."
8. On a bare perusal of the orders extracted
hereinabove of the Collector under Section 133
Cr.P.C., it is clear that the Collector has in fact passed
a conditional order and hence the observation of the
learned sessions judge is de-hors the record.
9. It is also seen from the report as submitted by
the collector that the unit in question is still
continuing thereby causing pollution and health
hazard to all concerned including students
prosecuting their studies in a nearby Municipality
High School. Hence, on a conspectus of materials on
record this Court is persuaded to hold that the
impugned order passed by the learned Sessions
Judge is liable to be interfered with.
10. Accordingly, the order passed by the learned
Additional District and Sessions Judge, Jajpur dated
01.12.2025 is set aside.
11. At this stage, learned counsel for the Opposite
Party No.2 files an undertaking which is on record
indicating therein to shift his Fly Ash Bricks unit
within a period of three months.
12. Accordingly, it is directed that the offending
unit in question shall be shifted within three months
as undertaken failing which the authorities shall act in
accordance with law and further liberty is granted to
the State authorities to bring the same to the notice
of this Court to consider initiation of steps for
violation of the undertaking submitted to this Court.
13. Accordingly, the CRLREV stands disposed of.
Digitally Signed (V. Narasingh)
Reason: Authentication Judge
Location: High Court of Orissa, Cuttack
Date: 20-Mar-2026 19:52:50
Ayesha
