Union Of India And Another vs Asutosh Amrit Patnaik And Another
2023 Latest Caselaw 3537 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   W.A. No. 1663 of 2022
               Union of India and Another             ....          Appellants
                                      Mr. Sanjib Swain, Senior Panel Counsel
                                         -versus-
               Asutosh Amrit Patnaik and Another      ....        Respondents

                           CORAM:
                           THE CHIEF JUSTICE
                           JUSTICE G. SATAPATHY
                                            ORDER

Order No. 13.04.2023

01. 1. Learned counsel for the Appellant states that pursuant to the impugned judgment dated 23rd March, 2022, an order was passed to the effect that the Respondent No.1 is not entitled to work 'Tatkal' passport, but he was permitted to file an application for a regular passport. It is further stated that pursuant to such application, Respondent No.1 has in fact been issued a regular passport.

2. In view of the above developments, the present appeal is in fact, peculiar facts of the case of the Respondent No.1, infructuous. Nevertheless, learned counsel for the Appellant states that several other writ petitions have been filed claiming similar relief, where the impugned judgment is being cited as a precedent. In that view of the matter, it is clarified that the impugned judgment will not constitute precedent and will be treated as having been passed in the peculiar facts and circumstances of the case. The questions of law arising from the said impugned judgment are left open for decision in some other appropriate case.

3. The appeal is accordingly disposed of in the above terms.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge Subhasmtia