Ranjit Kumar Sahu vs. State Of Odisha

WP(C)/35116/2020HC OrissaGSTCNR ODHC01075056202007 June 2021Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE B. P. ROUTRAY1 pages
AI SummaryRemanded

Facts

The petitioner, Ranjit Kumar Sahu, filed a writ petition before the High Court of Orissa at Cuttack. The petition was connected to and had common issues with W.P.(C) No.14924 of 2020. The Court decided to dispose of the present writ petition in terms of the judgment rendered in W.P.(C) No.14924 of 2020 on the same date. Due to ongoing COVID-19 restrictions, parties were permitted to use printouts of the order from the High Court's website as a substitute for certified copies, subject to attestation by the advocate.

Held

The High Court of Orissa at Cuttack held that the present writ petition, W.P.(C) No.35116 of 2020, should be disposed of in terms of the judgment dated 7th June, 2021, which was rendered in W.P.(C) No.14924 of 2020. This decision was based on the finding that the issues in the present petition were connected and common to the aforementioned writ petition. The Court did not delve into the substantive merits of the case but rather adopted a procedural disposition. The ratio decidendi is that when issues in multiple writ petitions are common and connected, and a judgment has already been rendered on those issues in one petition, it is appropriate to dispose of the connected petitions in terms of that judgment. The operative direction was to dispose of the writ petition in terms of the judgment in W.P.(C) No.14924 of 2020. No issues were expressly left undecided.

Key Issues

1. Whether the present writ petition should be disposed of in terms of the judgment dated 7th June, 2021, rendered in W.P.(C) No.14924 of 2020, given the connected and common issues. Petitioner's Contention: The petitioner, through Mr. P.C. Nayak, Advocate, implicitly agreed to this course of action by not raising any objection to the Court's proposal to dispose of the matter based on the connected writ petition's judgment. Revenue/State's Contention: The State of Odisha and others, represented by Mr. P.K. Muduli, AGA, and Mr. Sunil Mishra, ASC, CT & GST, did not record any specific arguments against this procedural approach. The Court's order indicates a consensus or lack of opposition to disposing of the matter based on the prior judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.35116 of 2020 Ranjit Kumar Sahu …. Petitioner Mr.P.C.Nayak, Advocate -versus- State of Odisha and others …. Opp. Parties Mr.P.K.Muduli, AGA Mr.Sunil Mishra, ASC, CT & GST CORAM: THE CHIEF JUSTICE JUSTICE B. P. ROUTRAY

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)

Judge

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