PABITRA KUMAR SWAIN v. COLLECTOR AND DISTRICT MAGISTRATE, JAGATSINGHPUR
WP(C)/8618/2026 · 2026-03-19
B P Routray
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 9073 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9073 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8618 of 2026
Pabitra Kumar Swain …. Petitioner Mr. Debakant Mohanty, Advocate -versus- Collector and District Magistrate, Jagatsinghpur and Others
….
Opposite Parties Mr. T.K. Dash, AGA
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER 19.3.2026
Order No.
01.
1. Heard Mr. D. Mohanty, learned counsel for the petitioner and Mr. T.K. Dash, learned AGA for State – opposite parties.
2. The specific case of the petitioner is that his brick kiln is not in operation till date pending his application for environmental clearance before the State Pollution Control Board. In this regard it is averred in the writ petition at paragraph-7 as follows:-
“That while the matter stood thus, the petitioner received the notice from the Sub Collector/ O.P. No. 2 dt. 30.12.2025 and submitted his reply (Annexure -2) explaining the facts. The petitioner also gave an undertaking to the Sub Collector/ O.P. No. 2 that unless he gets the Environment Clearance (EC) from SPCB he will not run the brick kiln in question. As a matter of fact from the date of the initial notice (Annexure -1) the brick kiln of the petitioner is non-functional and is closed till date.”
3. Mr. Mohanty, learned counsel for the petitioner submits that in the meantime the Tahasildar has issued a notice at Annexure-6 on 16th Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 19-Mar-2026 16:11:21 Signature Not Verified
March, 2026 for demolition of the brick kiln stating the same as unauthorized.
4. Taking note of the fact, as submitted by the petitioner that, his prayer for environmental clearance is still pending before the SPCB, and keeping in view the undertaking given by the petitioner as per Paragraph-7, the writ petition is disposed of at the stage of admission with a direction that the brick kiln in question of the petitioner may not be demolished for a period of three months from today or till the decision of the SPCB taken relating to grant of environmental clearance certificate, whichever is earlier.
5. Further, the petitioner is directed to maintain status quo in respect of nature of his brick kiln and stock as on date, till such period.
6. An urgent certified copy of this order shall be issued on proper application.
( B.P. Routray) Judge M.K.Panda