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STATE OF ORISSA v. SANJUKTA MOHAPATRA

Supreme Court of India | Diary 10289/2021

Status

ROP - of Main Case

Decided On

28-06-2021

Bench

HON'BLE MR. JUSTICE D.Y. CHANDRACHUD, HON'BLE MR. JUSTICE R. SUBHASH REDDY and HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Petitioner

STATE OF ORISSA

Respondent

SANJUKTA MOHAPATRA

Primary Holding

When an efficacious alternative remedy under Article 226 exists to challenge an Administrative Tribunal's order, the Supreme Court may decline to entertain Special Leave Petitions under Article 136 of the Constitution. This case analysis is maintained by casestatus.in based on publicly available court records.

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Full Judgment Text

1 ITEM NO.16 Court 5 (Video Conferencing) SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Civil) No.913/2021 STATE OF ORISSA & ANR. Petitioner(s) VERSUS PUSPANJALI TRIPATHY & ORS. Respondent(s) WITH Diary No.10289/2021 (XVII) (With appln.(s) for I.R. and IA No.58144/2021-CONDONATION OF DELAY IN FILING and IA No.58145/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.8640/2021 (XVII) (With appln.(s) for I.R. and IA No.54355/2021-CONDONATION OF DELAY IN FILING and IA No.54356/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.9701/2021 (XVII) (With appln.(s) for I.R. and IA No.55160/2021-CONDONATION OF DELAY IN FILING and IA No.55161/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.9702/2021 (XVII) (With appln.(s) for I.R. and IA No.55163/2021-CONDONATION OF DELAY IN FILING and IA No.55164/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.9705/2021 (XVII) (With appln.(s) for I.R. and IA No.54993/2021-CONDONATION OF DELAY IN FILING and IA No.54997/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.10285/2021 (XVII) (With appln.(s) for I.R. and IA No.58245/2021-CONDONATION OF DELAY IN FILING and IA No.58246/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.9699/2021 (XVII) (With appln.(s) for I.R. and IA No.67641/2021-CONDONATION OF DELAY IN FILING and IA No.67642/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

2 Diary No.10291/2021 (XVII) (With appln.(s) for IA No.68745/2021-CONDONATION OF DELAY IN FILING and IA No.68751/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 28-06-2021 This petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE R. SUBHASH REDDY HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Ravi Prakash Mehrotra, AOR Mr. Ankit Agarwal, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Transfer Petition (C) No 913 of 2021 1 Special Leave Petition (Civil) No 11026 of 2020 is pending before this Court in which notice has been issued on 11 September 2020. The outcome of the Special Leave Petition and the connected matters, if any, will resolve the issue finally. In the circumstances, we are of the view that the Special Leave Petition and the connected matters be listed for hearing and final disposal in the second week of August 2021. 2 In view of the above direction, Mr Ravi Prakash Mehrotra, learned counsel appearing on behalf of the State of Odisha seeks the permission of the Court to withdraw the Transfer Petition. 3 The Transfer Petition is dismissed as withdrawn.

3 SLP(C) Diary Nos 10289/2021, 8640/2021, 9701/2021, 9702/2021, 9705/2021, 10285/2021, 9699/2021 and 10291/2021 1 Delay condoned. 2 We are not inclined to entertain the Special Leave Petitions under Article 136 of the Constitution at this stage. The petitioners have an efficacious and alternative remedy of approaching the High Court under Article 226 of the Constitution to challenge the order of the Orissa Administrative Tribunal. Leaving it open to the petitioners to do so, we dispose of the Special Leave Petitions. 3 Pending applications, if any, stand disposed of. (CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master

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