This court dismissed a writ petition challenging exclusion of petitioners from a house allotment scheme. The grievance was found unmaintainable as the impugned notification was preliminary, bearing no force of law, pending final publication.
The writ petition was dismissed with liberty to approach the court against the final publication.
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W.P.(C) No. 5561 of 2017
3.04.2017
In view of the resolution passed by the Orissa High Court Bar Association, lawyers are
abstaining from the Court work.
Heard Mr. Rabindra Mallick, S/o- Keshab Mallick petitioner No.7 appearing in person an
d represents on behalf of the other petitioners.
Grievance of the petitioners involved in this petition is that pursuant to the prelimi
nary draft notification vide Annexuer-5, the petitioner No.7 alongwith the others submitted ob
jections vide Annexure-6 and it is alleged that in spite of their objection, their names dont
appear in the list meant for the house under the schemes mentioned therein.
On perusal of the averments made in this petition, this Court finds, the writ petition
does not bear any final publication. Therefore, the grievance of the petitioners cannot be co
nsidered at this stage, unless the final publication is impugned and challenged.
Under the circumstances, this Court finds no scope to interfere in the matter at this
stage. Accordingly, this writ petition stands dismissed.
It is made clear that dismissal of this writ petition shall not preclude the petitione
rs from filing a writ petition assailing the final publication involving the matter.
2
1 issue framed by the court
Whether the court can entertain grievances arising from a preliminary draft notification without final publication by the authority.
Rabindra Mallick
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court