Orissa HC slams CMC commissioner for flouting stay order on vending zone

The bench asked Patra to file a detailed affidavit on enforcing the stay order by June 30, after he assured immediate steps to protect the area with barbed wire fencing.
Orissa High Court
Orissa High CourtPhoto | Express
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CUTTACK: The Orissa High Court on Friday slammed the commissioner of Cuttack Municipal Corporation (CMC) Anam Charan Patra for flouting the stay order on the construction of vending zone adjacent to the boundary wall of the second campus of the Madhusudan Law University (MLU) coming up at Jobra here.

Though the PIL was scheduled for next hearing on June 30, the vacation court took it up on the day after advocate Prasanna Kumar Nanda appearing on behalf of the petitioners - three MLU students Aroop Kumar Deo, Sarvani Sahoo and Ambika Prasad - made urgent mention and alleged that vending zone construction work was going on despite the court’s interim stay order issued on May 20.

On the court’s special notice, Patra and Cuttack DCP Khilari Rishikesh Dnyandeo appeared through virtual mode. The IIC of Malgodown police station, Suprasanna Kumar Mallick, present at the spot, joined the platform of the court proceeding and also showed the live video footage of the construction work that involved covering some portion of the cabins with a galvanised iron roof.

Patra, on his part, expressed helplessness and submitted that some hooligans have started construction work in violation of the interim order. Taking serious note of it, the bench of Justices SK Sahoo and MS Sahoo observed that it was apparent from the allegations regarding violation of the stay order were prima facie correct.

The bench held the commissioner responsible saying it was his duty to ensure that there was no violation of the order. “It is unfortunate that no steps have been taken immediately by the authorities concerned to prevent such activities and as stated by the Commissioner, CMC, ‘hooligans’ have dared to violate the orders of this court,” the bench observed.

“We are of the view that on the face of records, it appears that the CMC Commissioner has flouted the May 20, 2025 order of this court as the construction of shop rooms that was initiated by the CMC was directed to be stopped. The Commissioner is responsible for the acts of commission and omission those have happened after the orders were passed in his presence,” the bench said and warned that it amounts to contempt of court.

However, the bench directed Patra to file a detailed affidavit on steps taken to enforce stay order when the matter is taken up next on June 30, after he assured to take necessary steps to protect the entire area immediately by barbed wire fencing.

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