Dismissed

Batsalya Charitable Trust v. State of Odisha

Orissa HC6 Apr 2021WP(C)/1547/2021

Case brief

AI extract

What is this about?

The Court dismissed the writ petition seeking quashing of Child Welfare Committee orders transferring children, holding that an alternative remedy was available. Liberty was granted to file an appeal within three weeks, noting no limitation applied based on a Supreme Court order.

What did the court decide?

Liberty granted to petitioners to file an appeal under Section 101 of the Juvenile Justice Act within three weeks.

Batsalya Charitable Trust Vs State of Odisha — Writ and Judicial Review | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA : CUTTACK

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W.P.(C) No.1547 of 2021

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“Batsalya” an orphanage under Bimala Devi Charitable Trust bearing Regn. No.BGR 3113/10, represented by its Founder Trustee and President Sushil Kumar Agarwal, At-Ghulipali, Ward No.18, P.O./P.S./Dist.-Bargarh

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… Petitioner

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-Versus-

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State of Odisha and others … Opp. Parties

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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ORDER

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06.04.2021

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This matter is taken up by video conferencing mode. Heard the learned counsel for the Parties.

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This writ petition has been filed by the Petitioner with

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a prayer to quash the letter dated 22.12.2020 and 24.12.2020 passed by the Opposite Party No.5-Chairperson/Member, Child Welfare Committee, Bargarh under Annexures-20 and 21 respectively, in which, the Opposite Party No.5 has directed to transfer children from the Petitioner’s Institution with further prayer to direct the Opposite Party No.5 to restore back the 17 male children, who have already taken from the Petitioner-Institution to their original place.

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It appears that against the said order, appeal lies to the appellate authority.

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Since an alternative remedy is available, this Court is not inclined to entertain this writ petition. However, liberty is

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given to the Petitioner to approach the appellate authority by filing an appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, if he is aggrieved by the order of the child welfare committee, within three weeks hence.

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There is no limitation in this case in view of the order passed by the Apex Court in Suo Motu Writ Petition (Civil) No.3 of 2020.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.

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……………………..

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S.Pujahari, J.

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Batsalya Charitable Trust v. State of Odisha

Case brief

What is this about?

What did the court decide?

Batsalya Charitable Trust v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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