Southpac Hotels Pvt. v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

RVWPET No. 37 of 2022 Southpac Hotels Private Ltd., Bhubaneswar and another ....

Petitioners Mr. Milan Kanungo, Senior Advocate Along with Mr. Aditya Narayan Das, Advocate -versusState of Orissa and others ....

Opposite Parties Mr. Debakanta Mohanty, Additional Government Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE A.K. MOHAPATRA

ORDER

16.12.2022 Order No.

05.

1. The Court has perused the affidavit filed by the State today where it is simply stated in Para-4 that the hotels cited by the Petitioners in respect of which performance bank guarantees had been called for "are not similarly circumstanced with that of the Petitioners' inasmuch as these hotels unlike the Petitioners' one is coming under the category of Hotels". This does not again explain why the Petitioners' case is different from those hotels from whom performance bank guarantees have been sought.

2. In the considered view of the Court in light of the pleadings in the review petition, the Court is satisfied that there are sufficient grounds for review of the order dated 14th December, 2021 passed by this Court in W.P.(C) No.24283 of 2012. The said order is hereby reviewed and recalled and W.P.(C) No.24283 of 2012 is

restored to the file of the Roster Bench of this Court where it will be listed for further hearing on 20th February, 2023.

3. Accordingly, the review petition is disposed of in the above terms.

(Dr. S. Muralidhar) Chief Justice (A.K. Mohapatra) Judge S. Behera