Prasanta Ku.Haldar Vs Jajpur Municipality — Orissa HC (2024) — LawSathi Research

Prasanta Ku.Haldar Vs Jajpur Municipality — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to file an appeal against Annexure-2 before the Appellate Authority; any such appeal to be entertained in terms of the Odisha Municipal Act and disposed of in accordance with law, preferably within six weeks of receipt of a copy of the order; status quo to be maintained on the subject matter until the appeal is presented.

Issue for consideration

Whether, having abandoned the original ground (absence of hearing by opposite party No.1 in compliance with the Court's order in W.P.(C) No.13289 of 2016), the petitioner should be granted liberty to challenge the impugned notice (Annexure-2) by filing an appeal before the Appellate Authority, since the notice is appealable in nature.

Court's answer

Without expressing any opinion on the merits of the case, the Court granted the petitioner's requested liberty to pursue the matter by appeal.

Ratio / Principle

The writ petition stands disposed of, with liberty granted to the petitioner to approach the Appellate Authority against Annexure-2.

Key takeaways

If the petitioner files such an appeal, the authority concerned shall entertain it in terms of the Odisha Municipal Act and dispose it of as per and in accordance with law, at the earliest preferably within a period of six weeks from receipt of a copy of this order.ratio¶23
Until the appeal is presented, status quo shall be maintained in respect of the subject matter in question.ratio¶23

Detailed headnote1 paragraphs

W.P.(C) No.24 of 2017 — Prasanta Kumar Haldar v. Jajpur Municipality, Jajpur & Another (High Court of Orissa at Cuttack; R.K. Pattanaik, J.; Order dated 16.02.2024). The petitioner had originally contested the notice at Annexure-2 issued by opposite party No.1 on the ground that no hearing had been provided by opposite party No.1 in compliance with the Court's order in W.P.(C) No.13289 of 2016 (disposed of 08.08.2016). In course of hearing, counsel for the petitioner abandoned that ground and sought liberty to challenge the impugned notice by filing an appeal before the Appellate Authority, the notice being appealable in nature. Without expressing anything on the merits, the Court disposed of the writ petition granting that liberty, directing that any appeal so filed be entertained by the authority concerned in terms of the Odisha Municipal Act and disposed of as per and in accordance with law at the earliest, preferably within six weeks from receipt of a copy of the order, with status quo to be maintained in respect of the subject matter until the appeal is presented.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.24 of 2017

Prasanta Kumar Haldar

…. Petitioner

Mr. G. Mishra, Advocate and Associates

-Versus-

Jajpur Municipality, Jajpur & Another …. Opposite Parties

Mr. P.K. Rout, AGA Mr. S. Dash, Advocate for O.P. No.1 CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

16.02.2024

Order No.

Heard learned counsel for the petitioner and Mr. Dash, learned counsel for opposite party No.1 besides Mr. Rout, learned AGA for the State.

Instant writ petition is filed by the petitioner challenging the impugned notice under Annexure-2 issued by opposite party No.1 on the grounds stated therein.

Counter affidavit is filed by the State through opposite party No.1.

Though on the ground that there has been no hearing by opposite party No.1 provided to the petitioner in compliance of the Court’s order in W.P.(C) No.13289 of 2016 disposed of 8^th August, 2016, in course of hearing learned counsel for the petitioner submits that liberty should be granted to the petitioner to challenge the impugned notice i.e. Annexure-2 by approaching the Appellate Authority since the same is appealable in nature. In other words, learned counsel for the petitioner abandoned the ground upon

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which the writ petition is filed and pleads for such liberty to file an appeal against the decision of opposite party No.1 vide Annexure-2.

Recorded the submission of Mr. Rout, learned AGA for the State.

Without expressing anything on merits of the case since such a liberty prayed for, the Court is inclined to allow the same in the interest of justice.

Hence, it is ordered.

In the result, the writ petition stands disposed of with the liberty granted to the petitioner to approach the Appellate Authority against Annexure-2 and in the event, any such appeal is filed by him, it shall be entertained by the authority concerned in terms of the Odisha Municipal Act and thereafter, to dispose it of as per and in accordance with law at the earliest preferably within a period of six weeks from the date of receipt of a copy of this order and till such time, the appeal is presented, there shall be status quo maintained in respect of the subject matter in question.

Urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

Tudu

Signature Not Verified

Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 19-Feb-2024 11:49:08

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