Vincentian Orissa Society vs State Of Odisha And Others
2022 Latest Caselaw 1031 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CMP No.79 Of 2022
                            (Through video conferencing mode)

            Vincentian Orissa Society               ...               Petitioner

                                             Mr. S.P.Mishra, Senior Advocate
                                         -versus-

            State of Odisha and others              ...         Opposite Parties
                                                        Mr. A.K.Sharma, AGA

                           CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

03.02.2022

CMP No.79 Of 2022 & Order No. I.A. No.84 of 2022.

01. 1. Mr. Mishra, learned senior advocate appears on behalf of petitioner and submits, procedure of the first appellate Court below needs to be regulated. His client had applied for commission to make local investigation but the application stood rejected by impugned order. The controversy and dispute in the appeal requires elucidation by issuance of the commission. He relies on following judgments:-

i) Pradeep Kumar Ashe Vs. Nikhil Chandra Ashe reported in 2011(II) OLR 1077, paragraphs 5 and 6.

ii) State of Orissa Vs. Bhanu Mali reported in AIR 1996 Ori 199, paragraphs 9, 10, 12 and 13.

iii) Kunjabehari Mohanty Vs. Kishore Chandra Jagdev Ray. Vol.73, Cuttack Law Times 187, paragraphs 3 and 4.

// 2 //

2. Mr. Sharma, learned advocate, Additional Government Advocate, appears on behalf of State and prays for adjournment to obtain instructions.

3. Issue notice along with copy of this order on opposite party no.3, on the petition as well as interim application. Petitioner will put in requisites.

4. List on 17th February, 2022.

(Arindam Sinha) Judge Prasant