Trident Galaxy Resident Welfare vs State Of Odisha & Others
2023 Latest Caselaw 7019 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.16427 of 2022

            Trident Galaxy Resident Welfare          ....              Petitioner
            Association, Bhubaneswar
                                                    Mr. M. Agarwal, Advocate
                                         -Versus-


            State of Odisha & Others                 ....        Opposite Parties
                                               Mr.   Dayananda     Mohapatra,
                                              Advocate for the BDA
                                               Mr. Goutam Mishra, Sr. Advocate
                                              for Opp. Party No.3
                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                         ORDER

21.06.2023 Order No.

07. 1. Heard Mr. Agarwal, learned counsel for the petitioner and Mr. Mishra, learned Senior Advocate appearing for opposite party No.3 besides Mr. Mohapatra, learned counsel appearing for the BDA.

2. None appears for opposite party No.5 despite notice.

3. A preliminary objection is raised by Mr. Mohapatra, learned counsel for the BDA by stating that the impugned decision under Annexure-17 is appealable in nature in view of Section 18 of the ODA Act and hence, the writ petition is not maintainable.

4. Mr. Mishra, learned Senior Advocate for opposite party No.3 advanced a similar argument challenging the maintainability of the present action at the instance of the petitioner. However, in response to the above, Mr. Agarwal, learned counsel for the petitioner cited a decision of this Court in the case of Swastik

Builders & Development Pvt. Ltd. Vrs. State of Orissa and Ors. Manu/OR/0508/2000: AIR 2001 Orissa 47 to contend that any such action challenged by way of an appeal under Section 18 of the ODA Act can only be by the builder not any 3rd party as has been held therein.

5. Mr. Mohapatra, learned counsel for the BDA and Mr. Mishra, learned Senior Advocate for opposite party No.3 pray for an adjournment to go through the aforesaid judgment in Swastik Builders & Development Pvt. Ltd. and to respond back.

6. At the above request, the hearing of the matter stands adjourned to 11th July, 2023.

(R.K. Pattanaik) Judge Balaram

Signature Not Verified Digitally Signed Signed by: BALARAM BEHERA Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 22-Jun-2023 20:25:49