Citation : 2025 Latest Caselaw 8541 Ori
Judgement Date : 20 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No. 1667 of 2024
Pravakar Barik .... Appellant
Represented by Adv.-
Mr. S. Swain, Advocate
-Versus-
Notified Area Council, Nimapara, .... Respondents
Puri & Others
Represented by Adv._
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
Order No. 20.09.2025
(Hybrid mode)
01. 1. We have heard learned counsel for the appellant at
length.
2. We do not find any merit in the Writ Appeal as far as challenged to the Judgment passed by the learned Single Judge, in view of the fact that the claim of the appellant is against the respondent No.3 getting allotted the shop room by respondent No.1 and the appellant is the "employer" and respondent No.3 is his "worker".
3. However, we observe that the appellant if so advised may pursue his remedy for any declaratory relief qua the respondent No.3.
It is further observed that in case any declaratory relief is sought for by the appellant in any properly constituted suit before the common law forum having jurisdiction, the pendency of the litigation before this Court shall be considered, while considering the delay in approaching the forum, if any,
application is made for condonation of delay before the said forum.
4. With the above observations, the Writ Appeal is disposed of without interfering with the order passed by the learned Single Judge dated 22.04.2024 passed in W.P.(C) No.32351 of 2024.
No costs.
(Manash Ranjan Pathak) Judge
(Mruganka Sekhar Sahoo) Judge.
Narayan/Ranjeeta
Location: HIGH COURT OF ORISSA
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