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Braja Gopal Pradhan Vs State of Odisha — Contract and Commercial Disputes | Orissa HC (2022)

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Orissa HC
2022
Braja Gopal Pradhan Vs State of OdishaBraja Gopal Pradhan v. State of Odisha

Disposed

Braja Gopal Pradhan v. State of Odisha

Orissa HC17 Feb 2022WP(C)/20747/2016

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition seeking quashing of a Works Department circular and stay of a deduction. The court found the petition infructuous due to the efflux of more than seven years and advised pursuing remedies with an appropriate authority if cause of action survives.

What did the court decide?

None granted; petitioner advised to pursue remedy before appropriate authority if cause of action survives.

What the court decided

AI extract

Outcome

None granted; petitioner advised to pursue remedy before appropriate authority if cause of action survives.

Issue for consideration

Whether the writ petition seeking quashing of a circular and stay of deduction can be maintained after more than seven years due to efflux of time?

Detailed headnote1 paragraphs

A writ petition to quash an administrative order and stay a massive deduction was disposed of as infructuous. The court observed that more than seven years had passed since the dispute arose from the underlying 2015 contract and no prosecution existed. The petitioner was advised to pursue remedy before the appropriate authority, if any cause of action survives.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 20747 of 2016

Braja Gopal Pradhan

….. Petitioner

Mr. S. Baug, Advocate

Vs.

….. State of Odisha and others Opposite parties

Mr. P.P. Mohanty, AGA

CORAM:

DR. JUSTICE B.R. SARANGI

MR. JUSTICE V. NARASINGH

ORDER

17.02.2022

Order No. This matter is taken up through hybrid mode.

03

None appears for the petitioner at the time of call. Heard Mr. P.P. Mohanty, learned Additional Government Advocate for the State.

The petitioner files this writ petition seeking to quash the circular of Works Department issued by opposite party no.2 vide office memorandum dated 24.12.2012 under Annexure-3 and to stay the deduction amount of Rs.4,61,865/- from the bill of the petitioner under Annexure-2, by opposite party no.5.

It appears that the dispute arises out of a contract of the year 2015 and in the meantime more than 7 years have been passed. Since none is there to prosecute the matter, it seems that by efflux of time, the prayer made in this writ petition has become infructuous. However, it is open to the petitioner to pursue his remedy before the appropriate authority, if any cause of action, still survives.

With the aforesaid observation/direction the writ petition stands disposed of.

(DR. B.R. SARANGI) JUDGE

(V. NARASINGH) JUDGE

Arun

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition seeking quashing of a circular and stay of deduction can be maintained after more than seven years due to efflux of time?

Parties & counsel

AI extract

petitioner
Braja Gopal Pradhan
respondent
State of Odisha

Coram

AI extract

B. R. Sarangi
V. Narasimh

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 17 Feb 2022 · February
Registered: 25 Nov 2016
Case no.: WP(C)/20747/2016
CNR: ODHC010391982016
Topic: Contract and Commercial Disputes
Bench: B.r.sarangi V. Narasingh
Disposal: Disposed Off

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Cite this judgement

Braja Gopal Pradhan v. State of Odisha, WP(C)/20747/2016 (OD), decided on 17 February 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

B. R. Sarangi and V. Narasimh

Parties & counsel