Birada Sbash Kumar vs State Of Orissa And Ors
2023 Latest Caselaw 4506 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No. 14348 of 2004

Birada Sbash Kumar                    .....                                     Petitioner
                                                                     Mr. S.S. Rao, Adv.

                                      Vs.
State of Orissa and Ors.              .....                              Opposite Parties
                                                                  Mr. A.K. Mishra, AGA
                                                          Mrs. J. Sahu, CGC[O.P.No.3]
              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MR. JUSTICE M.S. RAMAN

                                             ORDER

26.04.2023 Order No. This matter is taken up through hybrid mode.

07.

2. Mr. S.S. Rao, learned counsel for the petitioner states that he does not want to press prayer no.1, which is with regard to declaring the provisions contained in Section 3(1) read with Section 3 (B)(1)(2) of the Orissa Regulation 1 of 2002 as ultra vires. It is contended that vide order dated 22.06.2017 the learned Single Judge has referred the matter to the Division Bench. But, in view of the judgment of this Court passed in the case of Jami Ramesh and another v. State of Orissa, 2019 (II) OLR 94, since the amendment will apply prospectively, the petitioner does not want to press the prayer with regard to vires of the provisions contained under Section 3(1) read with Section 3 (B)(1)(2) of the Orissa Regulation 1 of 2002.

3. In view of the above submission, place this matter before the assigned Bench for consideration.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) Ashok JUDGE