Orissa High Court
Mr.Bipin Kumar Nayak vs State Of Odisha & Ors. .... Opp.Parties on 14 March, 2023
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 7104 of 2023
.... Petitioner
Smrutiranjan Mohanty
Mr.Bipin Kumar Nayak, Adv.
-versus-
State of Odisha & Ors. .... Opp.Parties
Mr. G.R.Mohapatra,
ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER No. 14.03.2023
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. Learned counsel for the petitioner submits that the opposite party No.5/Laxminarayan Mohanty, a co- villager, has established a poultry farm adjacent to the petitioner's house. It is further submitted that the dead birds are not being properly dumped and thrown at the open space. Consequently, the entire environment is being polluted and foul smell is being emitted. There is every possibility of spread of bird flu in the locality. Though the petitioner has approached the opposite party Page 1 of 2 // 2 // Nos. 1 to 4 in this regard seeking for closure of the poultry farm or relocating of it to any other area, the said authorities have not taken any steps in this regard.
4. In view of the above, issue notice to the opposite parties.
5. Issue notice to the opposite party No.5 by Regd. Post with A.D./Speed Post. Requisites shall be filed within three days.
6. Three spare copies of the writ petition be served on the learned counsel for the State appearing for the opposite party Nos. 1, 3 and 4 and another copy be served on the Mr. Shanti Prakash Mohanty, Advocate who usually appears for the State Pollution Control Board, Odisha, Bhubaneswar to take instructions in the matter.
7. List this matter on 18th of April, 2023.
(Dr. S.K. Panigrahi) Judge LB