Prafulla Chandra Das & Others vs State Of Odisha & Others
2023 Latest Caselaw 1872 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                    W.A. Nos.109, 110, 111, 112, 113, 114, 115, 116, 117 &
                                        118 of 2008

            Prafulla Chandra Das & Others                 ....           Appellants
                                                        Mr. R.N. Biswal, Advocate


                                             -versus-

            State of Odisha & Others                    ....        Respondents
                                                   Mr. Debakanta Mohanty, AGA



                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE M. S. RAMAN

                                        ORDER

28.02.2023 Order No.

09. 1. The impugned common judgment/order of the learned Single Judge which dismissed the writ petitions filed by the Appellant- Petitioners against the common order of the Commissioner, Consolidation, Orissa, Cuttack in Consolidation Revision Case Nos.1295 to 1304 of 1995, was under Article 227 of the Constitution of India. The last para of the impugned common judgment/order very clearly mentions this fact.

2. That being the position, in view of the decision of the Full Bench of this Court in Mohd. Saud & Another v. Shaikh Mahfooz & Others, AIR 2009 Ori. 46(FB), which has been affirmed by the Supreme Court of India in Mohd. Saud & Another v. Shaikh Mahfooz & Others, (2010) 13 SCC 517, the present writ appeals are not maintainable and are, accordingly, dismissed. The interim orders

are vacated. This will not prevent the Appellants from seeking appropriate remedies in accordance with law.

(Dr. S. Muralidhar) Chief Justice

(M. S. Raman) Judge MRS/Laxmikant