Achyutananda Swain v. Collector Cuttack
Case brief
What is this about?
Orissa High Court, Cuttack — W.P.(C) No.3670 of 2020, order dated 16.04.2026, single judge (Chittaranjan Dash, J.). Petitioner Achyutananda Swain (counsel Mr. A. Swain) against Collector, Cuttack & others (AGA Mr. S.B. Mohanty) sought writ directions to curb sale of ganja, brown sugar and liquor, remove illicit distillation dens, evict encroachers/demolish unauthorised structures, and clear cow dung and tethered cows from the village road at Aman Samil Chamarapada. Court held the grievance falls under the public nuisance provisions — erstwhile S.133 Cr.P.C., corresponding S.152 BNSS — requiring recourse to the appropriate authority, and disposed of the writ petition. Keywords: public nuisance, S.133 Cr.P.C., S.152 BNSS, contraband, encroachment, village road, writ disposed.
What did the court decide?
Having regard to the nature of the relief claimed, the petitioner is required to approach the appropriate authority for redressal of the grievance under the public nuisance provisions (erstwhile Section 133 Cr.P.C., corresponding Section 152 BNSS), rather than through this writ application.