Advocates:
['M/S NIRANJAN LENKA', '', 'A K OTTA', 'P BARIK', 'N LENKA', 'H K MOHANTA', 'LALIT SAHU', 'RANI LENKA', 'P ACHARYA M/S S RATH A SATPATHY G PATRA S S TRIPATHY T MISHRA']

Page 1 of 12

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.463 of 2019

Naresh Prasad Saha.

&.

Petitioner

M/s. Niranjan Lenka, A.K. Otta, P. Barik, N. Lenka,

H.K. Mohanta, L. Sahu, Rani Lenka, Advocates

-versus-

1. Sunil Kumar Saha.

2. Anil Kumar Saha.

3. Anita Gupta.

4. Ranjana Prasad.

5. S.D.M., Baripada.

&.

Opposite Parties

Mr.Pitambar Acharya, Sr. Advocate & M/s. S. Ram,

A. Satpathy, G. Patra, S.S. Tripathy, T. Mishra,

Advocates (For O.P. Nos.1 to 4)

Addl. Standing Counsel (For O.P. No.5- State)

CORAM:

JUSTICE S. PUJAHARI

Order

No.

ORDER

27.07.2021

14.

1.

This is an application filed under Section 482 of

the Code of Criminal Procedure (for short the <Cr.P.C.=)

for setting aside the order dated 22.09.2017 passed by

the

learned

Sub-Divisional

Magistrate,

Baripada

(hereinafter referred to as the <S.D.M., Baripada=) in a

proceeding under Section 133 of Cr.P.C. vide C.M.C.

No.449 of 2005 and the common confirming order dated

// 2 //

Page 2 of 12

25.01.2019 passed by the learned Sessions Judge,

Mayurbhanj in Criminal Revision Nos.18 of 2017 and

19 of 2017.

2.

Heard the learned counsel for the parties and

perused the relevant papers on record vis-à-vis the

impugned orders.

3.

The property forming subject-matter of the

dispute is a building standing over Plot No.257 under

Khata No.137 at Unit No.6, Puruna Hatasahi, Baripada

Town used both for residential and commercial

purposes. The proceeding under Section 133 of Cr.P.C.

was initiated at the instance of Hari Prasad Saha who

having expired, the opposite party nos.1 to 4 have been

substituted in his place as his legal representatives. The

case property was said to be owned by Hari Prasad

Saha, and the petitioner and some other persons were

said to be the tenants under Hari Prasad in respect of

the case building. On 31.05.2005, Hari Prasad Saha

received a notice from the Executive Officer, Baripada

Municipality with a direction to raze, secure and repair

the case building as it had become unsafe for use and

// 3 //

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habitation, so as to prevent danger to the occupants

and public. Hari Prasad thereafter issued notice to all

the tenants to vacate the shop rooms run in the

building, so as to enable him demolish the same in

compliance with the notice. Since the petitioner and

other tenants defied the direction, Hari Prasad initiated

the proceeding under Section 133 of Cr.P.C. The

learned S.D.M., Baripada conducted enquiry in the

proceeding, and on the basis of the evidence adduced

by both the sides including the evidence of the

Executive Engineer, P.W.D. (R&B), Mayurbhanj Division

and the Executive Officer, Baripada Municipality,

passed the impugned order dated 22.09.2017 with the

conclusion / direction as follows:-

<xxxxx Thus upon hearing of arguments and perusal

of both the documentary and oral evidences adduced

by the Executive Engineer, P.W.D. (R&B) Mayurbhanj

Division, as well as Executive Officer, Baripada

Municipality and their respective enquiry reports, I

am satisfied that the building in question existed

over the above land is an old one and it would

collapse at any point of time resulting loss of lives of

the inhabitants, passerby in the road and also the

neighbours

who

have

their

respective

houses

surrounding the building, which in consequence

requires immediate removal of such building in order

to obviate <Public nuisance= in the area as required

U/s.133(1)(d) Cr.P.C.

// 4 //

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Thus being so satisfied, I do hereby order as

under.

1) That the conditional orders dated 27.5.06

passed by this court is hereby made

absolute as required U/s.138 Cr.P.C.

2) That the O.Ps are directed to vacate their

respective shop rooms under occupation by

removing all articles there from the unsafe

building existed over the above land wit