Advocates:
['SUBRAT KUMAR DAS', 'M/S SUSANTA KUMAR DASH SR ADV', '', 'D SAHOO', 'M/S S K MISHRA', 'J PRADHAN', 'P MOHANTY', 'S PATTNAIK', 'S SAHOO', 'S MOHANTY', '', 'M/S DAYANANDA MOHAPATRA J BARIK M R PRADHAN P K SINGHDEO']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.254 of 2022

Manas Ranjan Mishra

…..

Petitioner

Mr.S.K.Dash, Adv.

Vs.

State of Odisha and others

…..

Opposite Parties

Mr. P.P.Mohanty, AGA

(O.Ps.1, 3, 4)

Mr. S.K.Mishra, Adv.

(O.Ps. 2 and 5)

Mr. D.Mohapatra, Adv.

(O.Ps. 6, 7 and 8)

CORAM:

DR. JUSTICE B.R. SARANGI

MISS JUSTICE SAVITRI RATHO

ORDER

12.05.2022

Order No.

03.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the parties.

3.

Mr. S.K. Mishra, learned counsel for opposite party nos.2

and 5 stated that as a matter of principle, whenever the Collector is

not available, even though he is the Chairman, the Addl. District

Magistrate, can hold the auction pursuant to the instructions issued

by the Corporation.

4.

But fact remains, if power has been delegated to the

Collector, he cannot sub-delegate the same to the Addl. District

Magistrate and, as such, the committee, which has been constituted

headed by the Addl. District Magistrate for the process of selection,

is absolutely without jurisdiction, in view of principles decided in

Taylor V. Taylor, (1875) 1 Ch. D.