Chandana Behera vs Sita Naik & Ors
2022 Latest Caselaw 6766 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) NO.27897 OF 2022

        Chandana Behera                         ....              Petitioner
                                                      Mr.B.Bhuyan, Adv.
                                    -versus-
        Sita Naik & ors.                        ....       Opposite Party(s)
                                                     Mr.S.P.Panda, AGA
                                                     Mr.H.Mohanty, Adv.
                CORAM:
                JUSTICE BISWANATH RATH

Order                              ORDER
                                   21.11.2022
No.
  1.

1. Heard learned counsel for the Parties.

2. The Writ Petition involves rejection of an Application under

Order 7 Rule 11 of C.P.C. on the ground of non-compliance

involving Section 80 of C.P.C. almost a proforma O.P., the Public

Officer.

3. Considering in similar situation, this Court in the judgment

dated 11.11.2022 passed in W.P.(C) No.25130/2022 (Sabita Biswal

vrs. Subhashree Biswal & anr.) has already come to hold that for the

necessary party to a dispute, there is no room for making the Public

Authority as party. At the same time, this Court also observes,

through the above judgment, in the event such a Party is made as

O.P., such Party remains innocuous and no issue involving such

Party can be agitated or adjudicated of adjudicated. In the

circumstance, this Court finds, there is right rejection of the Order 7

// 2 //

Rule 11 of C.P.C. Application involved herein requiring no

interference.

4. The Writ Petition thus stands dismissed.

(Biswanath Rath) Judge

M.K.Rout