Jema Chakhi Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Jema Chakhi Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Discretion granted to OPNo.3-The Regional Manager, Jajpur to dispose of the petitioner's pending or fresh application, taking OPNo.5's claim into consideration if permission was meanwhile granted to it; no opinion expressed on merit; the authority left free to allow or disallow the claim uninfluenced by this order.

Issue for consideration

Whether Annexure-4 issued to the President of “Chrome Nagar Mahotsav” should be quashed and the Opposite Parties directed to allow the petitioner's organisation to organise the 10th Sourik Yuva Mahotsav 2025 (9th to 13th January 2025, on the eve of Swami Vivekananda's birthday) at the Community Centre Ground of Kaliapani OMC, Jajpur. +1 more

Ratio / Principle

Without issuing notice to the Opposite Parties and without observing anything on merit, the Court grants discretion to OPNo.3-The Regional Manager, Jajpur to dispose of the petitioner's application, whether pending or any fresh application made immediately after receipt.

Key takeaways

If permission has been granted to OPNo.5 in the meanwhile, the claim of OPNo.5 is also to be taken into consideration while disposing of the petitioner's application.ratio¶19
The Authority concerned is free, without being influenced by this order, to pass any order either allowing or disallowing the petitioner's claim in accordance with good conscience and fair play.ratio¶19

Detailed headnote1 paragraphs

Writ petition by Jema Chakhi (W.P.(C) No.610 of 2025, High Court of Orissa, Cuttack, G. Satapathy, J., oral order dated 09.01.2025) seeking quashing of Annexure-4 issued to the President of “Chrome Nagar Mahotsav” and a direction to permit the petitioner's organisation to hold the 10th Sourik Yuva Mahotsav 2025 (9th–13th January 2025, on the eve of Swami Vivekananda's birthday) at the Community Centre Ground of Kaliapani OMC, Jajpur. During hearing, counsel confined the prayer to a fresh decision by OPNo.3-The Regional Manager, Jajpur, to which the learned AGA raised no objection. The Court, without issuing notice to the Opposite Parties and expressly without observing anything on merit, disposed of the petition by granting discretion to OPNo.3 to decide the petitioner's pending or fresh application, directing that OPNo.5's claim also be considered if permission had meanwhile been granted to it, and clarifying that the authority is free, uninfluenced by this order, to allow or disallow the claim in accordance with good conscience and fair play.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.610 of 2025

Jema Chakhi

Petitioner

Mr. U.K. Samal, Advocate

-versus-

State of Odisha and others

… Opposite Parties Mr. B.P. Nayak, AGA

CORAM: JUSTICE G. SATAPATHY

Order No.

02.

ORDER(ORAL) 09.01.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This writ petition by the petitioner seeks to quash Annexure-4 issued to the President “Chrome Nagar Mahotsav” and further to direct the OPs to allow the petitioner’s organization to organize “10^th Sourik Yuva Mahotsav 2025” from 9^th January, 2025 to 13^th January, 2025 on the eve of birthday of Swami Vivekananda in the premises of Community Centre Ground of Kaliapani OMC Jajpur for the ends of justice.

Heard Mr. Upendra Kumar Samal, learned counsel for the petitioner and Mr. B.P. Nayak, learned AGA in the matter and perused the record.

In the course of hearing, Mr. Upendra Kumar Samal, learned counsel for the petitioner makes only an innocuous prayer to direct OPNo.3-The Regional Manager, Jajpur to take a fresh decision in the matter of allowing the petitioner’s organization to observe that Mahotsav, to

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which Mr. B.P. Nayak, learned AGA does not raise any objection.

Although the petitioner has prayed for quashing of Annexure-4 with a direction to OPs to allow it to observe the Mahotsav in the premises of Community Centre Ground of Kaliapani OMC Jajpur, but the same having been not insisted and, therefore, by taking into consideration the innocuous prayer as advanced by the learned counsel for the petitioner, this Court without issuing notice to the OPs and observing anything on merit, grants discretion to OPNo.3-The Regional Manager, Jajpur to dispose of the application of the petitioner, if any pending or any fresh application, if made immediate after receipt of the same.

It is, however, made clear that if permission has been granted to OPNo.5 in the meanwhile, then the claim of OPNo.5 also be taken into consideration while disposing the application of the petitioner. It is also made clear that this Court has not observed anything on merit and simply grants discretion to the Authority concerned to dispose of the application of the petitioner. The Authority concerned without being influenced by this order is free to pass any order either allowing or disallowing the claim of the petitioner in accordance to the good conscience and fair play.

Accordingly, the present writ petition stands disposed of.

Signature Not Verified

(G. Satapathy)

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Subhasmita Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 17:41:28

Judge

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