The High Court dismissed a writ petition filed to direct the opposite parties to enforce Section 401 of the Orissa Municipal Rules against the Nabarangpur Municipality based on an Inspection Note. The Court held the petition to be academic due to efflux of time and generally disposed of the matter.
Urgent certified copy of this order be granted on proper application.
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W.P.(C) No. 5607 of 2006
By way of this writ petition, the petitioners have prayed for a direction to the opposite parties 1 and 2 to take action against Nabarangpur Municipality as provided under Section 401 of the Orissa Municipal Rules keeping in view the “Inspection Note” of the Collector, Nabarangpur under Annexure-4.
It appears that by efflux of time, this writ petition has become academic in view of general instruction as per Annexure-4.
However, we hope that the Municipal Council being the statutory Council will follow the regular procedure for carrying out the duties and responsibility conferred upon it.
Accordingly, this writ petition stands disposed of. Urgent certified copy of this order be granted on proper application.
……………………..
K.S. JHAVERI (CHIEF JUSTICE)
………………………
K.R. MOHAPATRA (JUDGE)
bks/jm
1 issue framed by the court
Whether a direction to the Municipal Council to take action under Section 401 of the Orissa Municipal Rules is required despite the matter being academic due to efflux of time.
1 provisions across 1 enactments
Petitioners
Opposite Parties 1 and 2
K.S. JHAVERI
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
