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CHAKRADHARI SHARAN SINGH, S. K. SAHOO
Trinath Panda – Appellant
Versus
Commissioner-cum-Secretary, Health & Family Welfare Department, Government of Odisha – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Ghanashyam Dash, Advocate
For the Opp. Parties:Mr. Lalatendu Samantray, Additional Government Advocate

JUDGMENT

Chakradhari Sharan Singh, CJ.—We have noticed disturbing trend of the people approaching this Court by filing writ petitions under Article 226 of the Constitution of India in the nature of Public Interest Litigation (hereinafter referred to as “PIL”) concerning such matters, which could be duly addressed by the functionaries of the State (within the meaning of Article 12 of the Constitution of India) including those, who have been vested with clear statutory powers under the provisions of the Code of Criminal Procedure (hereinafter referred to as the “Code”) and other provisions. Because numerous cases in the shape of PIL are being filed in this Court seeking direction for removal of encroachments from public places or removal of obstruction or nuisance from public places and also for removal of substances, injurious to health, maintenance of hygiene, etc., coupled with admitted inaction, in the majority of the cases, on the part of the officials, we have formed a prima facie impression, in our mind, that it is largely because the authorities have failed to exercise the powers conferred upon them under Section 133 of the Code and other mandatory statutory provisions and th

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