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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, CHITTARANJAN DASH
Ramesh Chandra Nayak – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. court's jurisdiction in public interest litigation. (Para 1 , 2) |
| 2. arguments regarding public property sale. (Para 3) |
| 3. counterarguments against the petition. (Para 4) |
| 4. historical context of land sale process. (Para 5) |
JUDGMENT :
KRISHNA S. DIXIT, J.
Petitioners claiming to be public spirited villagers & ex-employees of Ballarpur Industries Limited, i.e., the answering Opposite Party, are initiating this Social Action Litigations by invoking PIL jurisdiction of this Court essentially for assailing the MOU dated 20.04.1991 and also the consequent sale deed vide RSD No.611 dated 05.01.1994.
2. AS TO WHY DELAY IN DISPOSING OFF THIS PETITION.
(i). SLP Nos.10289-10290/2025 are preferred by the answering Opposite Party, namely, Ballarpur Industries Limited against orders dated 19.02.2025 & 19.03.2025 made by Coordinate Benches of this Court in the petition at hand. The Apex Court, in its order dated 20.01.2026, inter alia observed as under:
“ ….We are informed that the High Court has not taken up the matter for consideration, despite the orders dated 15.04.2025 and 08.08.2025 passed by this Court.
Xx xx xx
As the matter pertains to the Insolvency and Bankruptcy Code, 2016, an
Public interest litigations must demonstrate bona fide interest and timely action; undue delay undermines claims, particularly in matters pertaining to the sale or use of public land.
The maintainability of a writ petition for specific performance is vitiated by delay and the principle that claims barred by limitation are not justiciable in writ jurisdiction.
The authority to alienate municipal land must comply with statutory provisions; resolutions made in violation of such authority are legally unenforceable. The suit was time-barred, highlighting signi....
The court ruled that the Municipality lacked authority to annul registered exchange deeds without prior governmental approval, and the ADM acted beyond jurisdiction by condoning appeal delays.
Where the deprivation of property without sanction of law is admitted and clearly established, there is no difficulty in applying above principle and, as such, a petition for compensation cannot be d....
Public Interest Litigations must be filed by individuals with clean hands and bona fide intentions; failure to disclose criminal antecedents can lead to dismissal.
Suppression of prior agreement waiving compensation for retained land in acquisition bargain constitutes unclean hands, barring writ relief for return or enhanced compensation; long-term leases for t....
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