IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. /2025 [@ SLP [C] NO.14142/2024]

STATE OF ODISHA & ORS. Appellant(s)

VERSUS BINODINI INFRASTRUCTURE PVT. LTD. Respondent(s)

O R D E R

Leave granted.

The issue involved in the present appeal is covered by the decision in State of Odisha & Ors. v. Binodini Infrastructure Pvt. Ltd. - [Civil Appeal NO.5228/2025] dated 15.04.2025, wherein the following order was passed:

“After hearing learned counsel appearing for the parties, we find that the directions as contained in paragraph 3 of the impugned order could not possibly have been issued by the High Court as the same would fall in the domain of re-writing the terms of contract. The challenge before the High Court in the Writ Petition was to an order vide which the Signature Not Verified Digitally signed by A DS atH eA : 2 S 0U 25N .D 05R .I 2Y 1AL contract granted to the respondent was

18:03:57 IST Reason:

rescinded. The High Court had traveled beyond the prayer made in the Writ Petition. Instead of going through the validity of the order impugned, the High Court granted further time to the respondent to complete the contract, which was not within the domain of the High Court in exercise of the power under Article

226 of the Constitution of India.

For the reasons mentioned above, the impugned order passed by the High Court is set aside. However, the legal issues raised by the appellant in the Writ Petition having not been gone into by the High Court, we remit the matter to the High Court for examination thereof. All the arguments by both the parties are left open.”

In view of the above order, the impugned order stands set aside and the matter stands remitted to the High Court, for examination of the issues therein.

The appeal stands allowed accordingly.

Pending application(s), if any, shall stand disposed of.

……………………………………..J.

[M.M. SUNDRESH]

……………………………………..J.

[RAJESH BINDAL]

NEW DELHI;

MAY 14, 2025.

ITEM NO.35 COURT NO.7 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 14142/2024 [Arising out of impugned final judgment and order dated 01-03-2024 in WPC No. 29863/2023 passed by the High Court of Orissa at Cuttack]

STATE OF ODISHA & ORS. Petitioner(s)

VERSUS BINODINI INFRASTRUCTURE PVT. LTD. Respondent(s) Date : 14-05-2025 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Ankit Agarwal, AOR Mr. Koustubh Desai, Adv.

For Respondent(s) Mr. Shubhranshu Padhi, AOR Mr. Prabodha Chandra Nayak, Adv.

Mr. Jay Nirupam, Adv.

Mr. D. Girish Kumar, Adv.

Mr. Pranav Giri, Adv.

Mr. Ekansh Sisodia, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(ASHA SUNDRIYAL) (POONAM VAID)

DEPUTY REGISTRAR ASSISTANT REGISTRAR [Signed order is placed on the file]