Ramadebi Routaray vs Basanti Sahoo And Another .... Opposite ...
2025 Latest Caselaw 2076 Ori

Orissa High Court

Ramadebi Routaray vs Basanti Sahoo And Another .... Opposite ... on 3 January, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     W.P.(C) No.27571 of 2024
                                Ramadebi Routaray                        ....               Petitioner
                                                                         Mr. B.B. Mishra, Advocate
                                                              -Versus-

                                Basanti Sahoo and another                ....         Opposite Parties
                                                                              Mr. C.M. Singh, ASC
                                                             Mr. K.K. Rout, Advocate for O.P. No.1
                                          CORAM:
                                          MR. JUSTICE R.K. PATTANAIK

                                                             ORDER

            Order                                           03.01.2025
            No.
            04.                 1.      Heard Mr. Mishra, learned counsel for the petitioner, who

cites a decision of this Court in Sudipta Chandra Ray Vrs. The Collector-cum-District Magistrate, Nayagarh and others in W.P.(C) No.14762 of 2013 disposed of on 1st August, 2013 to claim that the court in appeal could not have exercised the jurisdiction in granting stay in favour of opposite party No.1 in absence of any such powers conferred in view of Section 44-Q of the Orissa Panchayat Samiti Act, 1959. One more decision is referred to by Mr. Mishra, learned counsel in the case of Sabitri Bagh Vrs. Bhaji Bagh AIR 2011 Ori 148 to submit that the jurisdiction which is not vested with the Court in appeal ought not to have been exercised granting stay vis-à-vis the judgment under Annexure-1.

2. For further hearing, considering the submission that there is a complete bar against such exercise of power and to submit a direct case law on the point and final orders with a response from Mr. Rout, learned counsel for opposite party No.1 and State on record, list the matter on 17th January, 2025.

Digitally Signed                                                                      Judge      TUDU