Disposed¶23

Yogesh Kumar Jain v. State of Odisha

Orissa HC22 Sept 2025WP(C)/18436/2016

Case brief

AI extract

What is this about?

Keywords: infructuous disposal of writ petition; vires challenge left open; Clause-5 of Schedule-VI/Schedule VI; Orissa/Odisha Government Land Settlement Rules 1983; Fundamental Rights; Article 14; Article 21; writ of Mandamus; payment of dues; memo taken on record; question of law kept open for appropriate case; matter academic; High Court of Orissa; W.P.(C); Yogesh Kumar Jain v. State of Odisha; order dated 22.09.2025; hybrid mode hearing.

What did the court decide?

In view of the memo filed recording the petitioner's payment of dues, the Court disposed of the writ petition as infructuous and expressly kept open the question of law on the vires of Clause-5 of Schedule-VI of the Rules, to be decided in an appropriate case; no ruling was pronounced on the merits of the vires challenge. ¶23

Yogesh Kumar Jain Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HGH COURT OF ORISSA, C UTTA CK Date: 23-Sep-2025 11:34:27

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.18436 OF 2016

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Yogesh Kumar Jain …. Petitioner

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Mr. Gouri Mohan Rath, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties

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Mr. Siba Narayan Biswal, Additional Standing Counsel

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CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

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Order No.

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ORDER 22.09.2025

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1. This matter is taken up through hybrid mode.

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Petitioner in this writ petition prays for the following relief:

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“ The petitioner, therefore, most humbly prays that this Hon'ble Court may be pleased to-

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Issue a writ of Mandamus commanding the opp. Parties and their instrumentalities not to give effect to provisions of Clause-5 of Schedule-VI of the Orissa Government Land Settlement Rules, 1983 and to declare the same as ultra vires to the provisions of the Constitution of India, specially the Fundamental Rights under Article 14 and 21 and other related rights enshrined in the Constitution.

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Issue any appropriate writ/writs, order/orders deemed fit in the fact and circumstances of the case.

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And for which act of your kindness, the petitioner shall as in duty bound remain ever pray.”

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Mr. Rath, learned counsel for the Petitioner submits that although the vires of Clause-5 of Schedule VI of Odisha Government Land Settlement Rules, 1983 is under challenge in this writ petition, but the Petitioner, has in the meantime, has paid the dues and thus, the matter has become academic in respect of the Petitioner. He also files a memo in support of his submission, which is taken on record.

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Page 1 of 2

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HGH COURT OF ORISSA, C UTTA CK Date: 23-Sep-2025 11:34:27

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In view of the memo filed, the writ petition is disposed of as infructuous keeping the question of law open to be decided in appropriate case.

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Judge

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Rojalin

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(Savitri Ratho) Judge

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Page 2 of 2

Yogesh Kumar Jain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Yogesh Kumar Jain v. State of Odisha

Case brief

What is this about?

What did the court decide?

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