Nirmala Acharya v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29758 OF 2022 Nirmala Acharya ....

Petitioner(s) Mr.B.Bhuyan,Adv.

-versusState of Odisha and others ....

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

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

29.11.2022 01.

1.

Heard learned counsel for the Parties.

2.

Though there has been raising of several aspects inter alia controversy in the decision involving R.P. Case No.780 of 2015, a proceeding appears to be under Section 15(b) of the O.S.S. Act, for the consistent view of this Court even in the slightest controversy between the private parties involving a proceeding under Section 15(b) for having limited scope of adjudication and looking to the nature of proceeding involved herein, it is better the party in loss to go for civil dispute for declaration.

3.

In the process this Court declines to interfere in the impugned order. Petitioner, if so advised may approach the competent civil Court of law. Decision in Annexure-10 shall be abided in the ultimate outcome of the civil proceeding.

(Biswanath Rath) Judge Swarna