The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6139 of 2025 Baba Sankarnath Jatra Committee, Bhadrak …. Petitioner Mr. Atul Tripathy, Advocate -versus- …. Opposite Parties Mr. M. K. Mohanty, ASC Collector & District Magistrate, Bhadrak & Ors. CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. 01. 1. 2. ORDER 28.02.2025 This matter is taken up through hybrid arrangement. The Petitioner, by filing this Writ Petition, has made a prayer to quash the impugned office order No.385 dated 13.01.2025 of Collector & District Magistrate, Bhadrak in Annexure-3 with a direction to the Opposite Parties to allow the Petitioner to arrange stage Opera Show in village- Purunaprasad from 09.03.2025 to 11.03.2025. 3. Learned counsel for the Petitioner submits that the Petitioner-Committee for the purpose of staging Jatra in their village Purnaprasad near J.N. Filling Station in Khata No.8 Plot No. 131/487 from 09.03.2025 to 11.03.2025 (3 days) has contacted Jaya Durga Mandap Mandir, Kalinga Nagar, Jajpur on 09.02.2025 by making payment of advance of Rs.2.50 lakhs. By enclosing copy of the Money Receipt, one of Page 1 of 7 the Member of the Petitioner-Committee named Rajbhadra Dinda had filed application for permission under Rule-2(4) seeking permission to arrange stage Operata Jatra before the Sub-Collector, Bhadrak with a copy to Sub-Collector, Dhamara. Along with application dated 10.02.2025, he has also furnished undertaking that they will strictly abide by the terms and conditions of the regulation on the occasion from 09.03.2025 to 11.03.2025. Further undertaking has been furnished that in case of any violation of the terms and conditions by the Agent Representative persons engaged they would be liable for criminal proceeding and instruments would be liable for seizure. While the matter stood thus, the members of the Petitioner-Committee could come to know that the Collector & District Magistrate, Bhadrak has passed office order No.385 dated 13.01.2025 promulgating prohibition on staging operation during l0th Board Examination and +2 Examination from 18.02.2025 to 27.03.2025 throughout the District irrespective of area. The prohibitory order on permission for staging of opera will not be granted during the said period. In the said office order, it was stipulated that the Administration feels to create and maintain a conducive environment during the Examination season for which staging of Opera Show should be discouraged. According to the said order, the Board of Page 2 of 7 Secondary Education, Odisha and Council of Higher Secondary Education, Odisha have scheduled their examinations starting from 21.02.2025 to 06.03.2025 and 18.02.2025 to 27.03.2025 respectively throughout the State. Upon acquiring knowledge about the office order dated 13.01.2025, the representatives of the Petitioner-Committee on 19.02.2025, have submitted representation before the Collector, Bhadrak indicating that like previous years they have arranged to stage Opera Show from 09.03.2025 to 11.03.2025 and they have also paid advance to the Jatra Party. It has further been indicated that within 13 KMs radius of the place where the Opera Show would be staged, there is no +2 or +3 College and, in the meantime, HSC examination has almost been over. With the aforesaid, they have requested the Collector, Bhadrak to allow their Committee to arrange stage Opera Show for the aforesaid 3 days. The said representation is pending consideration at the level of the Collector, Bhadrak till date. 4. Section 144 of the Criminal Procedure Code of 1973("CrPC”/Sec l63 BNSS/2023 ) is a provision that accords powers to an Executive Magistrate to issue prohibitory orders in "urgent cases of nuisance of apprehended danger". The threshold of what shall constitute as an urgent or sufficient ground for the imposition of the section is based on Page 3 of 7 the "opinion" of the Executive Magistrate. In such situation, the Magistrate can direct any person to act, or to abstain from acting, in a certain way, with regards to his person or property, if they feel that such action is necessitated to prevent any sort of danger. 5. Further, section 144 deals with power of District Magistrate/Sub-Divisional Magistrate or any Magistrate specially empowered by the Government to issue order in urgent cases of nuisance or apprehending danger, which was subject to sufficient grounds for proceeding under the said section. In the present case, there is no such danger of nuisance and the Petitioner is ready to abide by any condition imposed on it. 6. Section 144A deals with powers of District Magistrate to issue prohibitory order if necessary or to do observance of public peace or public safety or for maintenance by order may prohibit in any area within the local limits of his jurisdiction, carrying arms in any procession or the organizing or holding of, or taking part in, any mass drill or mass training with arms in any public place. 7. In the present case, no such contingencies arise or would arise for the Petitioner-Committee to arrange stage opera show for a period of 3 days from 09.03.2025 to Page 4 of 7 11.03.2025 and that too after four hours in the night from 12.00 PM to 4.00 AM. In the present case, admittedly, HSC Examination is over by 26.02.2025 and only practical Examinations are there to be conducted. So far as +2 Examination is concerned, there is no +2 College within 13 KMs vicinity of the area where opera show should be staged. 8. In that view of the above, there is no requirement of issuance of any prohibitory order in respect of the village of the Petitioner. Moreover, the members of the Petitioner- Committee have filed representation before the Collector, Bhadrak on 19.02.2025 to allow them to stage Opera for the aforesaid 3 days, there is no likelihood of any students being affected by such opera show. On the aforesaid premises, the impugned prohibitory order dated 13.01.2025 under Annexure-3 is liable to be quashed in holding of opera show by the Petitioner-Committee from 09.03.2025 to 11.03.2025. 9. He further Submits that in respect of other Districts, no prohibitory order has been passed by the respective Collectors. As per the information of the Petitioner, various Jatra Parties are holding their stage shows from 26.02.2025. If the Petitioner-Committee is not be permitted to stage opera show in the aforesaid days, then it will cause irreparable loss, injury and damages, as they will be loosing advance amount, Page 5 of 7 which has already been paid to the Jatra Party and also would be subjected to substantial financial loss, which would be intended to be used in the development of Sankarsan Mahadev Mandir in the village. Petitioner having no other alternative efficacious remedy than to approach this Court under Articles 226 of the Constitution of India for redressal of his genuine grievances. 10. Learned counsel for the State submits that even if there may not be any +2 College within 13 km radius but the students are there in that locality. Hence, they are likely to be affected by the Opera show and the constant advertisement done through rickshaw by loud speakers for the opera show. 11. Considering the cultural and entertainment values of the opera show and its importance in the lives of the people in the village areas and in view of amount of money invested by the Petitioner-Committee, this Court is of the view that restricting the Petitioner to arrange stage opera show would not be in the interest of the public. However, the District Magistrate may impose some restriction so that the mike advertisements made for the Opera in the village be restricted with least decibel of sound. Hence, the order passed by the Collector, Bhadrak on 13.01.2025 is hereby set aside so far as the Petitioner is concerned. Page 6 of 7 12. However, the opera show shall maintain low decibel sound with least excitement in the advertisement, which is likely to distract the students from their studies and they will maintain quiet environment in their area except during their performance. 13. Further, the District Administration shall make traffic arrangements and other anciliary restrictions, so that there shall be lesser noise and smooth traffic movement. 14.
Decision
Accordingly, the Writ Petition stands disposed of. Judge (Dr. S. K. Panigrahi) Gitanjali Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 03-Mar-2025 16:57:37 Page 7 of 7