p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6774 of 2026 M/s.Rishabh Mining Pvt. Ltd., IDCO Industrial Area, Titilagarh, Dist.- Sundargarh …. Petitioner Mr. M.K. Mohanty(2), Advocate -versus- State of Odisha and others …. Opposite Parties Mr. R. Pradhan, A.S.C. CORAM: JUSTICE B. P. ROUTRAY ORDER 10.03.2026 Order No. 03. 1. Heard Mr. M.K. Mohanty(2), learned counsel for the Petitioner and Mr. R. Pradhan, learned Additional Standing Counsel for State-Opposite Parties. 2. The Petitioner has prayed for quashing of direction of the Collector and District Magistrate, Balangir under Annexure-5 confirming prosecution against the Petitioner as per Section 19 of the Environmental (Protection) Act 1986 (in short, <the Act=) in appropriate court of law. 3. It is submitted on behalf of the Petitioner that the notice with 60 days period as required under clause (b) of Section 19 of the Act has not been satisfied before directing for initiation of criminal prosecution against the Petitioner. Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Mar-2026 18:44:24 Signature Not Verified p. 2 4. A bare reading of Section 19 of the Act reveals that, no court shall take cognizance of any offence under the Act except on a complaint made by, (a) the Central Government or any authority or officer authorized in this behalf by that Government, or (b) any person, who has given notice of not less than 60 days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or the officer authorized as aforesaid. It is thus clear that for lodging the complaint to initiate the prosecution as per Section 19 of the Act, no notice is required to be given by the Central Government or any authority or officer authorized in his behalf by the Government. 5. In the present case, as seen from the impugned order under Annexure-5, the complaint has been made by the authority concerned where requirement of giving notice for 60 days as per clause (b) is not attracted. 6. Accordingly, the writ petition is dismissed. ( B.P. Routray) Judge B.K. Barik