M/S.Biraja Construction (Partnership Firm) vs. State Of Odisha
Facts
The petitioner, M/s. Biraja Construction (Partnership Firm), filed a writ petition before the High Court of Orissa at Cuttack. The case is connected to and common with W.P.(C) No.14924 of 2020. The High Court disposed of this writ petition in terms of the judgment rendered on the same date, 7th June, 2021, in W.P.(C) No.14924 of 2020. The judgment in W.P.(C) No.14924 of 2020 is the basis for the decision in this case. Due to ongoing COVID-19 restrictions, parties were permitted to use printouts of the order from the High Court's website as valid copies.
Held
The High Court held that the present writ petition, W.P.(C) No.36008 of 2020, was to be disposed of in terms of the judgment delivered on 7th June, 2021, in W.P.(C) No.14924 of 2020. This implies that the Court found the issues in both petitions to be connected and common, and therefore, the decision in the earlier case would govern the present one. The reasoning is that the matters were intrinsically linked, necessitating a consistent approach. The ratio decidendi would be that when issues in multiple writ petitions are identical or closely related, a single judgment can resolve all of them, provided the factual matrix and legal questions align. No specific operative directions are mentioned for this petition, other than its disposal in line with the other judgment.
Key Issues
The specific issues before the Court in W.P.(C) No.36008 of 2020 are not detailed in this order as it is disposed of based on a connected matter. The Court had to decide whether to follow the judgment in W.P.(C) No.14924 of 2020 for the present petition. The petitioner's arguments, if any, are not recorded. The State's arguments are also not recorded. The core legal question was whether the principles and findings of the judgment in W.P.(C) No.14924 of 2020 were applicable and binding on the present writ petition concerning M/s. Biraja Construction.
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ORDER Order No. 7th June, 2021 4. Since the issues here are connected and common to W.P.(C) No.14924 of 2020, the writ petition is disposed of in terms of the judgment dated 7th June, 2021 rendered in W.P.(C) No.14924 of 2020. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021. (B.P.Routray)
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