M/S. Baidyanath Resources Pvt. Ltd. v. Govt.Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 4836 of 2012 M/s. Baidyanath Resources Private Limited & Another .....

Petitioners Mr. S. Nanda, Advocate Vs.

Government of India & Others .....

Opposite parties Mr. P.P. Mohanty, A.G.A.

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

14.03.2022 Order No.

06.

This matter is taken up through hybrid mode.

2.

Heard Mr. S. Nanda, learned counsel for the petitioner and Mr. P.P. Mohanty, learned Addl. Govt. Advocate for the State.

3.

Mr. S. Nanda, learned counsel for the petitioner states that in view of the provisions contained under Section 10-A of the MMDR Act, the claim of the petitioner may be lapsed. Therefore, the petitioner may be granted liberty to approach the appropriate forum in accordance with law, if any cause of action still survives.

4.

Mr. P.P. Mohanty, learned Addl. Govt. Advocate contended that in view of the amendment provisions contained under Section 10-A of the MMDR Act, no cause action survives for the petitioner.

5.

Having heard learned counsel for the parties and after going through the records, it appears that in view of the

amended provisions of Section 10-A of the MMDR Act, this writ petition has become infructuous. However, liberty is granted to the petitioner to approach the appropriate forum in accordance with law, if any cause of action still survives. 6.

With liberty aforesaid, the writ petition stands disposed of.

Ashok /Sukanta ...........................

(DR. B.R. SARANGI) JUDGE .....................................

(SAVITRI RATHO) JUDGE