Bhubaneswar Municipal ... vs Braja Sundar Panda And Others
2023 Latest Caselaw 5442 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.A. No. 552 of 2021

            Bhubaneswar Municipal Corporation, ....             Appellant
            Khurda
                                    Mr. Bibhu Prasad Tripathy, Advocate
                                     -versus-
            Braja Sundar Panda and Others         ....       Respondents
                                                                  None
                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY
                                           ORDER

Order No. 08.05.2023

01. I.A. No.1377 of 2021

1. For the reasons stated therein, the application is allowed. Filing of certified copy of the order is dispensed with.

I.A. No.1375 of 2021

2. For the reasons stated therein, the application is allowed. Accordingly, the delay in filing the appeal is condoned.

W.A. No.552 of 2021

3. At the outset, learned counsel appearing for the Appellant draws attention to the order passed by this Court in W.A. No.558 of 2021 in which notice had been issued and the matter had been asked to be listed on 2nd August, 2023.

4. In a similar writ appeal i.e. W.A. No.646 of 2021, which is placed before this Court today, learned counsel appearing for the Opposite Party in the connected CONTC No.4566 of 2020 had informed the Court that RVWPET No.145 of 2020, which arises out of W.P.(C) No.18168 of 2008 and W.P.(C) No.7597 of 2013, was disposed of by the learned Single Judge by judgment dated 2nd

February, 2023. A similar order has been passed in RVWPET No.246 of 2020 which arose out of a similar order passed by the learned Single Judge in the writ petition i.e., W.P.(C) No.14760 of 2017 which order has been challenged in the writ appeal listed today i.e., W.A. No.646 of 2021. The net effect of the order passed in the review petition is that the directions issued by the learned Single Judge have now been asked to be implemented by the Housing and Urban Development Department, Government of Odisha and not by the BMC.

5. It is accordingly submitted that the present writ appeal has, in view of the above developments, been rendered infructuous.

6. The present writ appeal is accordingly disposed of as infructuous in the above terms.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge Subhasmita

SUBHASMITA Digitally signed by SUBHASMITA DAS

DAS Date: 2023.05.09 09:50:50 +05'30'