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Orissa High Court

Dr. Subash Mohapatra vs State Of Odisha And Another .... Opp. ... on 10 May, 2022

Author: R.K.Pattanaik

Bench: R.K.Pattanaik

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.5547 of 2015

                Dr. Subash Mohapatra                   ....          Petitioner
                                                       Mr. S.P. Das, Advocate

                                            -versus-

               State of Odisha and another             ....          Opp. Parties
                                                             Mr. A.P. Das, ASC

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE R.K.PATTANAIK
                                       ORDER

Order No. 10.05.2022

04. 1. Challenge in the present petition is to the constitutional validity of the Odisha Industrial Security Force Act, 2012 and as amended in 2013. According to the Petitioner, the Act is unconstitutional, arbitrary and, he repeatedly kept urging, 'violative of basic structure of the Constitution'.

2. The Act has been in force over nine years now and the Petitioner should be in a position to point out how it has, if at all, adversely impacted the lives of people in Odisha. Without there being a factual context in which to examine the questions, the entire exercise becomes a purely academic one. Particularly since over 10 years have elapsed since the Act came into force, the Court would like the Petitioner to come forth with a better petition highlighting, what prejudice has been caused to citizens of Odisha as a result of working of the Page 1 of 2 // 2 // Act, if any. Consequently, while permitting the Petitioner to file a better petition, the present petition is disposed of.

(Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge KC Bisoi Page 2 of 2