Dr. Chinmay Mohapatra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Dr. Chinmay Mohapatra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party No.2 to consider and examine the representation at Annexure-1 and dispose of it as per and in accordance with law at the earliest, preferably within fifteen days from receipt of a copy of the order, providing an opportunity of personal hearing to one of the petitioners if necessary, and keeping in view the Apex Court's directions in Deepak Kumar (supra); urgent certified copy of the order to be issued as per rules.

Issue for consideration

Whether opposite party Nos.2 to 4 should be directed to immediately act upon preventing illegal extraction and transportation of sand from the Bhargabi river (with the assistance of opposite party No.5) and to deal with and dispose of the petitioners' representation at Annexure-1.

Court's answer

Since the petitioners had already approached opposite party No.2, the Court took the view that the representation at Annexure-1 received by the latter should be immediately attended to and disposed of within a stipulated period, as such a course of action would serve the purpose and meet the ends of justice.

Ratio / Principle

The writ petition stands disposed of with the direction that the representation be attended to as aforesaid.

Key takeaways

Opposite party No.2 is directed to consider and examine Annexure-1 and, if necessary after providing an opportunity of personal hearing to one of the petitioners, to dispose of the representation as per and in accordance with law.ratio¶22
The disposal of the representation is to be at the earliest, preferably within a period of fifteen days from the date of receipt of a copy of the order.ratio¶22
The disposal is to be made keeping in view the directions issued by the Apex Court in Deepak Kumar (supra).

Detailed headnote1 paragraphs

High Court of Orissa, W.P.(C) No.34418 of 2025 (order dated 06.01.2026, R.K. Pattanaik, J.): Petitioners, inhabitants of the local G.P., sought enforcement against illegal extraction and transportation of sand from the Bhargabi river and disposal of their representation (Annexure-1) to opposite party No.2, citing non-implementation of guidelines issued pursuant to the Apex Court's 2012 order in Deepak Kumar v. State of Haryana (SLP(C) No.19628-19629 of 2009). Finding that the petitioners had already approached the authorities without result, the Court disposed of the writ petition with a direction to opposite party No.2 to consider and examine Annexure-1 and dispose of it in accordance with law at the earliest, preferably within fifteen days of receiving a copy of the order, affording an opportunity of personal hearing to one of the petitioners if necessary, and keeping in view the Apex Court's directions in Deepak Kumar (supra).

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.34418 of 2025

Dr. Chinmay Mohapatra & …. Petitioners

others

-Versus-

State of Odisha & others

…. Opposite Parties Ms. B. Dash, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

06.01.2026

Order No.

Heard learned counsel for the respective parties.

Instant writ petition is filed by the petitioners directing opposite party Nos.2 to 4 to immediately act upon preventing illegal extraction and transportation of sand from the Bhargabi river and to accomplish the same with the assistance of opposite party No.5 while dealing with and disposing of the representation at Annexure-1 on the grounds stated.

Referring to the order of the Apex Court arising out of SLP(C) No.19628-19629 of 2009 ( Deepak Kumar etc. Vrs. State of Haryana & others etc. ) of the year 2012, a copy of which, is produced at the time of hearing, it is submitted to the Court by learned counsel for the petitioners that Guidelines have been

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issued in pursuance thereof but it has not been followed by the local authorities, hence, the representation at Annexure-1.

Recorded the submission of Ms. Dash, learned ASC for the State.

It is claimed that the petitioners are the inhabitants of the local G.P. have approached opposite party Nos.2 to 4 number of times demanding action against illegal extraction of sand from the river bed but it has not yielded any result. Recording the above submission and response of the State and since the petitioners have already knocked the doors of opposite party No.2, this Court is of the view that the representation at Annexure-1 received by the latter should be directed to be immediately attended to and disposed of within a stipulated period, as such a course of action would serve the purpose and meet the ends of justice.

Accordingly, it is ordered.

In the result, the writ petition stands disposed of with the direction as aforesaid. It is further directed that opposite party No.2 shall consider and examine Annexure-1 and if necessary, after providing an opportunity of personal hearing to one of the petitioners, to dispose of the same as per and in accordance with law at the earliest preferably within a period of fifteen days from the date of receipt of a copy of this order

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keeping in view the directions issued by the Apex Court in Deepak Kumar (supra).

Issue urgent certified copy of this order as per rules.

Balaram

Signature Not Verified

Digitally Signed Signed by: BALARAM BEHERA Designation: PERSONAL ASSISTANT Reason: Authentication Location: OHC, CUTTACK Date: 09-Jan-2026 15:36:26

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