Jali Mohapatra v. Bmc, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.7230 OF 2022 Jali Mohapatra ....

Petitioner Ms.S.Das, Adv.

-versusBMC, BBSR & anr.

....

Opposite Party(s)

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

5.4.2022 01.

1.

Heard learned counsel for the Petitioner.

2.

The Writ Petition involves the following relief :- "The Petitioner, therefore, prays that your Lordships would be graciously pleased to admit this Writ Petition, call for the records and after hearing the parties allow the same, issue writ/writs in the nature of certiorari/mandamus and/or any other further writ/direction and direct the Bhubaneswar Municipal Corporation/Opposite Party Nos.1 & 2 to consider the petitioner's prayer either extension of period of contract or refund proportionate amount of funds for the period for which the petitioner was not able to operate due to imposition of Lockdown and Shutdown and reduction of operational period.."

3.

In course of hearing, this Court finds, on the selfsame issue, the Petitioner has a claim pending before O.Ps.1 & 2, vide Annexure-7, for which this Court finds, the Writ Petition is premature. However, while disposing of the Writ Petition, this Court directs O.Ps.1 & 2 to take early decision on Annexure-7 involving the request of the Petitioner while also keeping in view the direction

// 2 // of this Court in W.P.(C) Nos.35591 & 35594 of 2021 issued on 4.12.2021 within a period of one month from the date of communication of this order along with copy of the Writ Petition so also copies of this Court's order dated 4.12.2021 passed in W.P.(C) Nos.35591 & 35594 of 2021.

(Biswanath Rath) Judge M.K.Rout