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High CourtsSingle Bench(2022) 04 OHC CK 0054

Paradeep News vs Union Of India And Others

Orissa High Court · Decided on 8 April 2022

HON’BLE JUDGES
Arindam Sinha, J
CASE NUMBER
Writ Petition (C) No. 20181 Of 2021

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Judgment

9 paragraphs · 356 words

Arindam Sinha, J

1.

With this writ petition have been tagged two other writ petitions. Mr. Puspalaka, learned advocate appears on behalf of petitioner and submits, prayer in this writ petition is for quashing order dated 11th June, 2021 of enhancement of rent of the quarter. He submits, he is ready to make submissions for adjudication of his client’s entitlement to relief. On query from Court regarding the tagged writ petitions being W.P.(C) no.22320 of 2022 (Paradeep News v. Union of India and others) and W.P.(C) no.35599 of 2020 (Premalata Barik v. Union of India and others) he submits, those writ petitions relate to entry no.9 in assignment list of the Hon’ble Mr. Justice K.R. Mohapatra. Upon cancellation of allotment, impugned order of enhancement of rent was passed.

2.

Mr. Mukherji, learned advocate appears on behalf of Paradeep Port Trust while Mr. Bisoi, learned advocate appears and submits, he had returned his brief.

3.

Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State while Mr. Jena, learned advocate appears on behalf of Union of India.

4.

So far as writ petitions being W.P.(C) nos. 22320 and 35599, both of 2020 are concerned, they were released by this Bench on 15th December, 2021. This Bench does not have jurisdiction to make any further order on those writ petitions.

5.

As far as this writ petition is concerned, since impugned enhancement of rent order was made pursuant to cancellation of the allotment, challenged in aforesaid two writ petitions, adjudication on this writ petition must necessarily await outcome of those writ petitions. This is because in event challenge to the cancellation is upheld, the enhancement is likely to be set aside. The other way, if the cancellation is upheld, the enhancement is also likely to be upheld.

6.

The writ petition is directed to go out of the list with liberty to mention. The files of aforesaid writ petitions be de-tagged and sent to the registry immediately for placing before the Bench presided by the Hon’ble Mr. Justice K.R. Mohapatra under entry no.9 in His Lordship’s assignment.

7.

Interim order to continue till next date.

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