B.Kiran Kumar vs Collector
2023 Latest Caselaw 7584 Ori

Citation : 2023 Latest Caselaw 7584 Ori
Judgement Date : 13 July, 2023

Orissa High Court

B.Kiran Kumar vs Collector on 13 July, 2023

                            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                        W.P.(C). No.19102 OF 2018
                        B.Kiran Kumar                  ....         Petitioner(s)
                                                             Mr.B.P.Das,Adv.
                                                     -versus-

                        Collector, Rayagada & Ors.              ....    Opposite Party(s)
                                                                     Mr.U.K.Sahoo.ASC
                                   CORAM:
                                   JUSTICE BISWANATH RATH
                                                   ORDER

Order No. 13.07.2023 5 1. Mr.Das, learned counsel appearing for the petitioner makes a statement that for there is already L.Rs. of opposite party no.4 by way of opposite party no.5, there is no need for substitution in respect of L.Rs. of opposite party no.4.

2. Considering the rival contentions of the parties, this Court records there is no dispute in Bar that the case at hand is squarely covered by a Division Bench judgment in the case of Jami Ramesh & Ors. Vs. State of Orissa & Ors., along with number of similar cases reported in 2019 (II) ILR-CUT-272. In the circumstance and for the outcome in the decision referred to hereinabove, this Court finds the proceeding initiated herein was not maintainable considering the amendment involved is a prospective one.

3. In the circumstance, this Court interferes in the impugned order at Annexure-3 and sets aside the same.

4. The writ petition succeeds.

(Biswanath Rath) Judge Sks

Signature Not Verified

Signed by: SUSIL KUMAR SWAIN Reason: Authentication Location: High Court of Orissa Date: 14-Jul-2023 13:47:23