Supreme Court - Daily Orders
Shree Jagannath Temple Administration vs State Of Orissa on 22 October, 2019
Bench: Sanjay Kishan Kaul, K.M. Joseph
1
ITEM NO.13 COURT NO.12 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
Petitions for Special Leave to Appeal (C) Nos. 22786-2787/2018
(Arising out of impugned final judgment and order dated
02-11-2017 in WA No. 250/2013 and WA No. 251/2013 passed by the
High Court Of Orissa At Cuttack)
SHREE JAGANNATH TEMPLE ADMINISTRATION & ANR. Petitioner(s)
VERSUS
STATE OF ORISSA & ANR. ETC. Respondent(s)
(IA No. 88756/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 26475/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES, IA No. 110064/2018 - PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 22-10-2019 These matters were called on
for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE K.M. JOSEPH
For Petitioner(s) Mr. Sanjay K Das, Adv.
Mr. Swetaketu Mishra, Adv.
Mr. V.K. Monga, AOR
For Respondent(s) Mr. Shibashish Misra, AOR
Mr. Debabrata Reddy, Adv.
Mr. Yasobant Das, Sr. Adv.
Mr. D.B. Ray, Adv.
Mr. Santosh Kumar-I, AOR
Mr. Abhindra Maheshwari, Adv.
Mr. Avinash Mohapatra, Adv.
Ms. Tulika Mukherjee, AOR
UPON hearing the counsel the Court made the following
O R D E R
After hearing learned counsel for the parties, Signature Not Verified we put to learned counsel for the petitioners that Digitally signed by CHARANJEET KAUR Date: 2019.10.23 17:26:16 IST Reason: in the Writ Appeal before the Division Bench of the High Court, the only aspect urged was of interest to 2 be calculated on the amount of the contributory Provident Fund to be refunded for eventually the option of pension to be made available to the private respondent Nos. 2 & 3. That being the position, in our view, it is not really open to the petitioners now to contend that the petitioners wanted to assail the impugned order of the learned Single Judge before the Division Bench on different aspects also. We would, thus, be constrained within the contours of what has been decided by the Division Bench.
Learned counsel faced with the aforesaid situation seeks to withdraw the special leave petitions as he states that he would prefer to move the Division Bench of the High Court in order to enable him to urge different aspects as urged in the appeal to be submitted before the Division Bench. As any such plea not urged cannot be considered by us, the only option available to the petitioners is to move that Division Bench and not to file a special leave petition.
The special leave petitions are dismissed as withdrawn in terms aforesaid with liberty as prayed.
Applications stand disposed of.
[ CHARANJEET KAUR ] [ ANITA RANI AHUJA ] A.R.-CUM-P.S. COURT MASTER