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2004 Supreme(Ori) 403

L.MOHAPATRA
Darasingh Kumbhar – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Appellant :Akshaya Kumar Ratha
For Respondent:N. C. Pati

ORDER

3.11.2004 — This writ appeal was heard on the question of jurisdiction of the Hon’ble Single Judge in deciding the writ petition as a preliminary issue. W.P. (C) No.5065 of 2004 from which this appeal arises had been filed challenging the order dated 21.4.2004 passed by the learned Additional District Judge, Sone¬pur reversing the finding and order passed by the learned Civil Judge (Junior Division), Sonepur in an election petition filed under Section 30 of the Orissa Grama Panchayats Act, 1964.

2. There is no dispute at the Bar that as per amended rules of this Court, writ applications relating to the Orissa Grama Panchayats Act, 1964 are to be heard by Division Bench. However, the aforesaid writ application was listed before the Hon’ble Single Judge who disposed of the same by his order dated 6.7.2004. It was contended by the learned counsel for the appel¬lant in this writ appeal that the Hon’ble Single Judge had no jurisdiction to entertain the writ application as the amended rules of this Court provided that such writ applications are to be heard by Division Bench. On the above basis, it was further contended that the order passed by the Hon’ble Single Judge is without ju












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