Dismissed

Pradeep Kumar Moharana v. Bijayalaxmi Samal

Orissa HC23 Mar 2021WA/53/2020

Case brief

AI extract

What is this about?

Division Bench dismissed a writ appeal challenging an innocuous interim order requiring disposal of a representation. The Court held the appeal non-maintainable regarding the writ quashing but granted liberty to challenge the subsequent order of the Executive Engineer.

What did the court decide?

Liberty granted to challenge the order under Annexure-2 passed by the Executive Engineer.

Pradeep Kumar Moharana Vs Bijayalaxmi Samal — Writ and Judicial Review | Orissa HC (2021)

¶1

W.A. No.53 of 2020

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Pradeep Kumar Moharana

¶3

……. Petitioner.

¶4

Vrs.

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Bijaylaxmi Samal & Ors.

¶6

……. Opposite Parties.

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03. 23.03.2021

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This matter is taken up through Hybrid mode. Heard Mr. Trilochana Panigrahi, learned counsel appearing for the appellant, Mr. Upendra Kumar Samal, learned counsel for Respondent No.1 and Mr. S.C. Dash, learned counsel for Respondent No.4.

¶9

In this case the appellant has challenged the order passed by the learned Single Judge on 05.12.2019 in W.P.(C) No.23576 of 2019.

¶10

It is an innocuous order passed by the learned Single Judge directing opposite party No.3 to dispose of the representation filed by the petitioner in that case who happens to be the Respondent No.1 in this appeal.

¶11

The appellant also challenges the order passed by the Executive Engineer (Elect.), B.E.D., Bhubaneswar on 21.01.2020 which appears at Annexure-2 to the writ appeal. It is the order passed by the Executive Engineer(Elect.), B.E.D., Bhubaneswar in pursuance to order passed by the Single Judge in W.P.(C) No.23576 of 2019.

¶12

The appeal against the final order passed on 05.12.2019 is not maintainable as the interim order is an innocuous order directing disposal of the representation. As far as the challenge of the appellant with regard to Annedure-2 is concerned, the order of the Executive Engineer constitutes a fresh cause of action after disposal of

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the writ application. So, the appellant has the option to file a writ petition before this Court challenging that order and the Division Bench sitting in appeal against the order passed by the learned Single Judge disposing the writ application cannot take up the validity or sustainability or otherwise of an order passed in pursuance to the order of the learned Single Judge.

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Hence, the appeal is dismissed.

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However, the petitioner/appellant is given the liberty to challenge the order under Annexure-2 passed by the Executive Engineer (Elect.), B.E.D., Bhubaneswar before this Court.

¶16

S.K.Mishra, J.

¶17

Savitri Ratho, J.

¶18

Prasant

Pradeep Kumar Moharana v. Bijayalaxmi Samal

Case brief

What is this about?

What did the court decide?

Pradeep Kumar Moharana v. Bijayalaxmi Samal

Case brief

What is this about?

What did the court decide?

What the court decided

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