M/S.Gourav Construction vs. State Of Odisha
Facts
The petitioner, M/s. Gourav Construction, filed a writ petition before the High Court of Orissa at Cuttack. The petition is connected to and has common issues with W.P.(C) No.14924 of 2020. The Court's order indicates that the present writ petition is disposed of in terms of the judgment rendered in W.P.(C) No.14924 of 2020 on the same date, 7th June, 2021. 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 specific attestation requirements.
Held
The Court held that the present writ petition, W.P.(C) No.2965 of 2021, should be disposed of in terms of the judgment previously rendered in W.P.(C) No.14924 of 2020 on 7th June, 2021. This decision was based on the finding that the issues in the present petition were connected and common to the aforementioned disposed-of matter. The reasoning is procedural, aiming for judicial efficiency by applying a prior ruling to a case with identical legal questions. The ratio decidendi is that connected writ petitions with common issues should be decided in consonance with each other to avoid conflicting judgments and streamline the judicial process. No specific operative directions beyond the disposal in terms of the connected judgment were recorded, and no issues were expressly left undecided.
Key Issues
1. Whether the present writ petition should be disposed of in terms of the judgment rendered in W.P.(C) No.14924 of 2020, given the commonality of issues. Petitioner's Contention: The petitioner, through their counsel, implicitly agreed to the disposal of the writ petition in terms of the connected matter, as the Court's order reflects this disposition without any recorded objection from the petitioner. Revenue/State's Contention: The Opposite Parties (State of Odisha and others), represented by their counsel, did not raise any specific arguments against this procedural disposition. The Court's order suggests a consensus or lack of opposition to disposing of the matter based on the connected judgment.
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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)
Judge
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