Puranmal Agarwal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.26494 OF 2022 Puranmal Agarwal ....

Petitioner(s) Mr.S.Mohanty,Adv.

-versusState of Odisha and others ....

Opposite Party(s) Mr.S.Ghosh,AGA

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

14.11.2022 03.

1.

Heard learned counsel for the Parties.

2.

Even through there is advancement of argument limiting to the scope of review with the competent authority in passing the impugned order, this Court reading the provision at Section 60 of the O.L.R Act, finds, the competent authority can review a matter under the provision of O.L.R. Act on the ground of any clerical mistake or error being committed by the same authority.

3.

Reading through the impugned order vide Annexure-6, this Court finds, there has been reviewing of the earlier order finding difficulty in course of earlier proceeding but by the same authority. 4.

This Court finds, challenge to the impugned order on the scope of review is not sustainable in the eye of law, but however, considering that the Petitioner has other grounds involved herein, the order is clearly appealable under Section 58(1) of the O.L.R. Act. In this contingency, this Court finds, the Writ Petition is not

// 2 // entertainable at this stage of the matter. Petitioner, if so advised may prefer the Appeal.

5.

The Writ Petition stands disposed of.

6.

Certified copy of impugned order be returned to the Petitioner by substituting a true attested Xerox copy thereof. (Biswanath Rath) Judge Swarna