Disposed¶16

Samarendra Giri v. State of Odisha

Orissa HC1 Mar 2024WP(C)/4763/2024

Case brief

AI extract

What is this about?

PIL writ petition; Shivratri Festival; Grand Fair; competent authority; Odisha Fire-works and Loud Speaker (Regulation) Act, 1958; Odisha Fire-works and Loud Speaker (Regulation) Rules, 1965; Rule 3(b); prescribed authority; annual school examinations; withdrawal with liberty; certified copy; High Court of Orissa at Cuttack; W.P.(C) No. 4763 of 2024; order dated 01.03.2024; petitioner Samarendra Giri; advocate Ramesh Kumar Sahu; Addl. Govt. Advocate Debakanta Mohanty.

What did the court decide?

Permission to withdraw the writ petition, with liberty to approach the prescribed authority under Rule 3(b) of the Rules, 1965, if situation so warrants; urgent certified copy of the order directed to be issued as per rules. ¶16

Samarendra Giri Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should be issued to the competent authority not to permit the Grand Fair organised on account of the Shivratri Festival (scheduled for 8th March, 2024), on the ground that it may violate the Odisha Fire-works and Loud Speaker (Regulation) Act, 1958 and Rules, 1965 and disturb students preparing for annual examinations commencing 11th March, 2024.

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Ratio / Principle

The writ petition is disposed of as withdrawn, with liberty to the petitioner to approach the prescribed authority under Rule 3(b) of the Rules, 1965 if the situation so warrants. The substantive question of alleged violation of the Act, 1958 and Rules, 1965 was not decided.

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Detailed headnote1 paragraphs

Public interest litigation (W.P.(C) No. 4763 of 2024, High Court of Orissa at Cuttack) filed by Samarendra Giri seeking a direction to the competent authority not to permit a Grand Fair organised on account of the Shivratri Festival scheduled for 8th March, 2024, on the ground that it may violate the Odisha Fire-works and Loud Speaker (Regulation) Act, 1958 and the Odisha Fire-works and Loud Speaker (Regulation) Rules, 1965, and adversely affect students appearing in annual examinations commencing 11th March, 2024. During hearing, learned counsel for the petitioner, appreciating that Rule 3(b) of the Rules, 1965 provides a remedy before the competent authority against permission granted in violation of the Act and Rules, sought leave to withdraw. The Court disposed of the writ petition as withdrawn with liberty to approach the prescribed authority under Rule 3(b) of the Rules, 1965, if the situation so warranted, and directed issuance of an urgent certified copy of the order. No substantive ruling was made on the alleged violations.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 4763 of 2024

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Samarendra Giri

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…. Petitioner

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Mr. Ramesh Kumar Sahu, Advocate -versus-

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State of Odisha and Others

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…. Opposite Parties

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Mr. Debakanta Mohanty, Addl. Govt. Advocate

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CORAM: THE CHIEF JUSTICE MR. JUSTICE MURAHARI SRI RAMAN

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Order No.

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ORDER 01.03.2024

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This matter is taken up through Hybrid mode.

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The present writ petition, in the nature of Public Interest Litigation (PIL), has been filed by the petitioner seeking a direction to the competent authority not to permit Grand Fair to be organized on account of Shivratri Festival scheduled on 8^th March, 2024 on the ground that it may violate the provisions of Odisha Fire-works and Loud Speaker (Regulation) Act, 1958 (in short, ‘Act, 1958’) and Odisha Fire-works and Loud Speaker (Regulation) Rules, 1965 (in short, ‘Rules, 1965’).

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Learned counsel appearing on behalf of the petitioner has submitted that the Annual Examination of the schools are going to commence from 11^th March, 2024. If the provisions contained in the aforementioned Act and Rules are violated, the career of the students, who are going to appear in the annual examination, shall be adversely affected which shall cause disturbance in preparation for their examination.

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Page 1 of 2

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Learned counsel for the petitioner after some arguments has appreciated that there is provision under Rule 3(b) of the Rules, 1965 to approach the competent authority in case permission is granted in violation of the provisions of the aforementioned Act and Rules. In such view of the matter, he seeks permission to withdraw the present writ petition with liberty to approach the prescribed authority under Rule 3(b) of the Rules, 1965, if situation so warrants.

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The writ petition is disposed of as withdrawn with the liberty as

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prayed for.

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Let an urgent certified copy of this order be issued as per rules.
(Chakradhari Sharan Singh)
Chief Justice
(M.S. Raman)
Judge

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SK Jena/Secy.

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Signature Not Verified

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Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 04-Mar-2024 10:23:21

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Page 2 of 2

Samarendra Giri v. State of Odisha

Case brief

What is this about?

What did the court decide?

Samarendra Giri v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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