Kalinga Dalai Vs State Of Odisha & Others

W.A. NO.788 OF 2023 & I.A. NO.2008 OF 2023

This matter is taken up through hybrid mode.

Heard learned counsel for the parties.

In compliance of the order of this Court dated 02.01.2024, Mr. Gautam Mukherji, learned Senior Counsel appearing for the Appellant placed reliance on the judgments of the Apex Court in the case of Central Council for Research in Ayurvedic Sciences and Another Vs. Bikartan Das and Others; 2023 SCC ONLine SC 996 and Advani Oerlikon Ltd. Vs. Machindra Govind Makasare & Others; 2011(2) Mh.L.J. as well as of this Court in the case of Saswati Patra Vs. Saraswati Biswal and Others; 2016 (II)ILR-CUT-48.

He also contended that the present writ appeal is maintainable since the order impugned has been passed by the learned Single Judge in exercise of the power as under Articles 226 and 227 both.

On a query being made by this Court, Mr. Goutam Mukherji, learned Senior Counsel contended that since the order impugned has been passed in exercise of Articles 226 and 227 both, the present writ appeal is maintainable.

Mr. Ajaya Kumar Pradhan, learned counsel appearing for the Respondent No.4 disputes such argument advanced by the learned Senior Counsel for the Appellant and contended that since the order impugned has been passed by the learned Single Judge with regard to the jurisdiction of the OLR Authority to pass such an order which means the learned Single Judge has exercised the power under Article 227 of the Constitution of India, it cannot be said that the learned Single Judge has exercised its jurisdiction under 226 of the Constitution of India, and as such, the present writ appeal is not maintainable.

Keeping the question of maintainability upon for consideration, issue notice to the Respondents.

Three extra copies of the writ appeal be served on the learned counsel for the State in order to enable him to take instruction in the matter and one extra copy of the writ appeal also be served on Mr. A.Ku. Pradhan, learned counsel appearing for Respondent No.4.

Requisites for issuance of notice to Respondent Nos. 5 to 8 by speed post shall be filed within three working days. Office shall send notice to the said respondents fixing a short returnable date..

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