Abhinandan Mohanty vs Union Of India And Others
2023 Latest Caselaw 13358 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No. 33801 of 2023

Abhinandan Mohanty                     .....                               Petitioner
                                                                   Mr. R. Roy, Adv.
                                       Vs.
Union of India and others              .....                         Opposite Parties
                                                            Mr. P.P. Mohanty, AGA
                                                            Mr. S.S. Kashyap, CGC
              CORAM:
                  ACTING CHIEF JUSTICE DR. B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                              ORDER

30.10.2023 Order No. This matter is taken up by hybrid mode.

01.

2. Heard Mr. R. Roy, learned counsel appearing for the petitioner; Mr. S.S. Kashyap, learned Central Government Counsel and Mr. P.P. Mohanty, learned Addl. Government Advocate appearing for the State-opposite parties.

3. The petitioner has filed this writ petition to declare the proviso to Section 10A (2) (b) of the MMDR Act, 1957, as inserted vide MMDR Amendment Act, 2021, as illegal and/or unconstitutional being ultra vires and/or violative of the substantive provisions of the MMDR Act and Article 14 read with Article 19 (1) (g) and other provisions of the Constitution of India.

4. Mr. R. Roy, learned counsel appearing for the petitioner contended that the issue in this case was decided by this Court in the case of Larsen and Toubro Limited v. Union of India (W.P.(C) No.4301 of 2021 disposed of on 02.03.2023) and the matter was carried to the apex Court in SLP (C) No. 6163 of 2023, which is pending for adjudication. It is thus contended that this matter may be disposed of in the light of the aforesaid judgment so that the petitioner may participate in proceeding before the apex Court, to which Mr. P.P. Mohanty, learned Addl. Government Advocate

appearing for the State-opposite parties has raised no objection.

5. In the above view of the matter, this writ petition stands disposed of in terms of the judgment passed by this Court in the case of Larsen and Toubro Limited v. Union of India (W.P.(C) No.4301 of 2021 disposed of on 02.03.2023).

               Ashok                                            (DR. B.R. SARANGI)
                                                               ACTING CHIEF JUSTICE




                                                                    (M.S. RAMAN)
                                                                       JUDGE




Signature Not Verified
Digitally Signed

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 30-Oct-2023 17:36:06