Allowed¶18

Surendra Singh Kabli v. State of Odisha

Orissa HC15 Feb 2024WP(C)/3123/2024

Case brief

AI extract

What is this about?

Price adjustments bill; retrospective effect; prospective effect; Works Department Odisha OM No.07556900242019-15847/W dated 19.11.2019; OM No.07556900242019-8189/W dated 07.06.2021; Superintendent Engineer Deogarh (R & B) Division; Ladies Hostel (GF) Gents Hostel (GF); W.P.(C) No.30191 of 2021 judgment dated 08.09.2023; SLP (C) No.28092/2023 dismissed 02.01.2024; impugned order dated 20.01.2024 Annexure-1 set aside; writ petition allowed; Rule-3 Chapter-VI Part-II Rules of High Court of Orissa 1948 affidavit.

What did the court decide?

Impugned order dated 20.01.2024 under Annexure-1 set aside; the OM can be given prospective effect only; Opposite Parties required to proceed accordingly. ¶18

Surendra Singh Kabli Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 3123 of 2024

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Surendra Singh Kabli …. Petitioners

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Mr. Tushar Kanti Satapathy, Advocate.

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-versus-

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State of Odisha and Others

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…. Opposite Parties Mr. P.P. Mohanty, Addl. Govt. Advocate

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CORAM: THE CHIEF JUSTICE MR. JUSTICE D. DASH

ORDER

Order No.

15.02.2024

This matter is taken up through Hybrid mode.

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An affidavit has been filed today in the Court on behalf of the Petitioner to support the statements made in the writ petition in accordance with the requirements under Rule-3 of Chapter-VI of Part-II of the Rules of High Court of Orissa, 1948 forthwith.

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A communication dated 21.01.2024 issued by the Superintendent Engineer, Deogarh (R & B) Division, Deogarh addressed to the Petitioner is under challenge in the present writ application relating to price adjustments bill for the work and construction of Ladies Hostel (GF) Gents Hostel (GF) etc. as per notifications i.e. OM No.07556900242019-15847/W dated 19.11.2019 and OM No.07556900242019-8189/W dated 07.06.2021 issued by the Works Department, Odisha. It is not in dispute that the aforesaid OMs have been interfered with by a Coordinate Bench of this Court by its judgment dated 08.09.2023

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passed in W.P.(C) No.30191 of 2021, to the extent that the same was found to be having retrospective effect.

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Assailing the said impugned order, learned Counsel appearing on behalf of the Petitioner has submitted that the very foundation of issuance of impugned notice since has been interfered with by this Court, the impugned notice cannot be allowed to survive.

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Learned Additional Government Advocate representing the State of Odisha has not disputed the fact that said OMs have been interfered with by this Court to the aforesaid extent. The aforesaid Division Bench decision of this Court, on challenge before the Supreme Court has not been interfered with, with the dismissal of SLP (C) No.28092/2023 by order dated 02.01.2024.

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In such view of the matter, the impugned order dated 20.01.2024 under Annexure-1 is set aside with an observation that the said OM can be given prospective effect only and the Opposite Parties shall be required to proceed accordingly.

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