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Supreme Court - Daily Orders

Fakir Charan Singh (Since Dead) Rep. By ... vs The Collector, Cuttack on 14 November, 2024

Bench: C.T. Ravikumar, Sanjay Karol

                                                            1

      ITEM NO.64                                 COURT NO.9                     SECTION XI-A

                                   S U P R E M E C O U R T O F            I N D I A
                                           RECORD OF PROCEEDINGS

      Petition(s)                for   Special     Leave    to   Appeal   (C)    No(s).     16468-
      16469/2023

      [Arising out of impugned final judgment and order dated 08-05-2023
      in IA No. 12/2023 08-05-2023 in IA No. 14/2023 passed by the High
      Court of Orissa at Cuttack]

      FAKIR CHARAN SINGH (SINCE DEAD) REP. BY HIS LEGAL
      HEIRS                                                                         Petitioner(s)

                                                           VERSUS

      THE COLLECTOR, CUTTACK & ORS.                                                 Respondent(s)

      ([ TO BE TAKEN UP AS ITEM NO.1 ]
      IA No. 192314/2023 - APPROPRIATE ORDERS/DIRECTIONS)

      Date : 14-11-2024 These matters were called on for hearing today.

      CORAM :                HON'BLE MR. JUSTICE C.T. RAVIKUMAR
                             HON'BLE MR. JUSTICE SANJAY KAROL

      For Petitioner(s)                  Mr. Siddharth Dave, Sr. Adv.
                                         Mr. Avijeet Pattnaik, Adv.
                                         Ms. Shuvra Mohapatra, Adv.
                                         Mr. Shreyan Das, Adv.
                                         Mr. Anirudh Sanganeria, AOR

      For Respondent(s)                  Mr. Tushar Mehta, SG
                                         Mr. Pitambar Acharya, Adv. General
                                         Mr. Prakash Ranjan Nayak, AOR
                                         Mr. Debasis Jena, Adv.
                                         Mr. Digvijay Dam, Adv.

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Heard learned senior counsel for the petitioner(s) and also learned Solicitor General of India. Learned Solicitor General Signature Not Verified submits that permission may be granted to move the High Court for Digitally signed by Dr. Naveen Rawal Date: 2024.11.14 16:06:58 IST Reason: the withdrawal of Interlocutory Application Nos. 12 and 14 of 2023 in OJC No. 7386/1999, which were ordered to be renumbered as Review 2 Petitions by the High Court as per the order dated 8.5.2023 and also the writ petition.

Learned Solicitor General would further submit that the said review petitions are not maintainable in view of law laid down in Kunhayammed vs. State of Kerala reported in (2000) 6 SCC 359 and Khoday Distilleries vs. Sri Mahadeshwara Sahakara reported in (2019) 4 SCC 376.

The submission is recorded and permission sought for is granted without prejudice to the rights, if any, of the respondents herein/review petitioners before the High Court to resort to appropriate steps in accordance with law. We make it clear that we have not made any observation(s) on such submission. Interim order stands extended till the next date of listing. List on 13.12.2024.

(DR. NAVEEN RAWAL)                                       (MATHEW ABRAHAM)
DY. REGISTRAR                                           COURT MASTER (NSH)