O.A.I.C.Ltd. v. Janmejay Agrawalla

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2798 OF 2007 Orissa Agro Industries Corporation Limited ....

Petitioner(s) M/s. B.Baug, Adv.

-versusJanmejay Agarwalla and others ....

Opposite Party(s) Mr.S.Mishra,ASC Mr.A.P.Bose,Adv.

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

16.09.2022 04.

1.

Heard learned counsel for the Petitioner.

2.

The Writ Petition involves a challenge to the order at Annexures-3 and 4. First of all this Court finds Annexure-3 is a remand order involving a proceeding under Section 37(1) of the O.C.H. & P.F.L Act, 1972. For there is a remand order involved, this Court finds there is no prejudice to the Petitioner in placing its case before the original authority. Further Annexure-4 appears to be an order passed by the original authority, the Consolidation Officer. For the nature of order it involves a disposal in exercise of power under Section 9 of the O.C.H and P.F.L. Act. In the circumstance this Court finds there is clear scope of appeal. The Writ Petition is not entertainable on both above grounds. Petitioner, if has any scope under any law may avail the same.

(Biswanath Rath) Judge Swarna