Amal Kumar Pradhan & Ors vs State Of Odisha & Ors
2022 Latest Caselaw 2959 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) NO.15720 OF 2022

        Amal Kumar Pradhan & ors.              ....             Petitioners
                                                  Mr.M.K.Mohanty, Adv.
                                    -versus-
        State of Odisha & ors.                 ....       Opposite Party(s)
                                                     Mr.U.K.Sahoo, ASC
                CORAM:
                JUSTICE BISWANATH RATH

Order                          ORDER
No.                           4.7.2022
  2.    1.      Referring to the direction part in the judgment passed in

O.J.C. No.3128 of 1994 on 14.5.1998,Sri Mohanty, learned counsel

for the Petitioners submits that there is no application of the

judgment reflected therein to the case at hand, further the notice is

also otherwise bad being not in terms of the direction therein.

Learned counsel for the Petitioners alleges that the Competent

Authority passing order at Annexure-8 has no such jurisdiction even.

2. Learned Additional Standing Counsel for the State wants to

respond to the Court after going through the said judgment. Let an

extra copy of the Brief along with copy of the judgment as above be

served on him.

3. Place this matter on 28.7.2022 for further hearing.

(Biswanath Rath) Judge

// 2 //

I.A.NO.8442 OF 2022

3. 1. Through this Application, it has been reported that the

trawlers of the Petitioners involved are away from the mainland for

longer period and the Petitioners are unable to come to Talachua

FLC for the prohibition under Annexure-8. It is prayed that when the

trawlers of the Petitioners are brought immediately to mainland,

namely, Talachua FLC, there is likelihood of affecting the health of

the Occupants therein.

2. Considering the pleadings that the trawlers involving the

Petitioners are away from Talachua FLC over months, it may not be

desired to keep persons accompanied away from Talachua FLC for

such long period and it is only considering their health condition for

their being away from the mainland for so many days, the trawlers

of the Petitioners, if any, may be permitted to land the mainland at

Talachua FLC at least for one time landing and their such landing

shall however be without prejudice to the claims of the Parties

involving the Writ Petition.

3. A free copy of this order be supplied to Mr.U.K.Sahoo,

learned ASC.

(Biswanath Rath) Judge M.K.Rout