Mitali Mahakur vs State Of Odisha & Others
2021 Latest Caselaw 8347 Ori

                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.P.(C) No. 14506 of 2021

             Mitali Mahakur                         .....                         Petitioner
                                                                         Mr. S.K. Dalai, Adv.
                                                  -Versus-

             State of Odisha & Others               .....                  Opposite Parties
                                                        Mr. A.K. Mishra, Addl. Government
                                                           Advocate appearing for the State
                                                     Mr. P.K. Mohanty, Sr. Adv. along with
                                                    Mr. P. Mohanty, Adv. (O.Ps. No. 6 to 29)
                                                          Mr. H.S. Mishra, Adv. (Intervener)
                           CORAM:
                               DR. JUSTICE B.R. SARANGI

                                               ORDER

10.08.2021

Order No. This matter is taken up through hybrid mode.

06. Heard learned counsel for the parties.

Mr. H.S. Mishra, learned counsel for the intervener states that the writ petition is not maintainable.

Mr. A.K. Mishra, learned Addl. Government Advocate appearing for the State submits that since there is disputed questions of fact involved, which has been stated in paragraph-19 of the writ petition. In view of the provisions contained under Section 54-A of the Orissa Panchayat Samiti Act, 1959, review lies. Therefore, the present writ petition cannot sustain in the eye of law.

Mr. P.K. Mohanty, learned Senior Counsel appearing along with Mr. P. Mohanty, learned counsel for the caveaters states that in view of the judgments in Jagadish Pradhan and Ors. Vs. Kapileswar Pradhan and Others, 64 (1987) CLT 359 and Rabinarayan Jani v. State of Orissa & Ors., 101 (2006) CLT 96, the writ petition should be dismissed.

Mr. Dalai, learned counsel for the petitioner states that he may be permitted to file written notes of argument along with citations.

Call this matter after one week.

Interim order passed earlier shall continue till 18th August, 2021.

                                                            (DR. B.R. SARANGI)
A.K. Rana                                                          JUDGE