Orissa High Court

WA/1142/2026 of NIMAI CHARAN PANDA Vs STATE OF ODISHA on 17 August 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.1142 of 2026 CNR No.ODHC010605812026 Nimai Charan Panda …. Appellant Mr. Manoj Kumar Mohanty, Advocate -Versus- State of Odisha & Ors. …. Respondents Mr. Sanjib Kumar Swain, AGA CORAM: HON’ BLE THE CHIEF JUSTICE AND

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.1142 of 2026

CNR No.ODHC010605812026

Nimai Charan Panda

….

Appellant

Mr. Manoj Kumar Mohanty, Advocate

-Versus-

State of Odisha & Ors.

….

Respondents

Mr. Sanjib Kumar Swain, AGA

CORAM:

HON’ BLE THE CHIEF JUSTICE

AND

HON’BLE MR. JUSTICE CHITTARANJAN DASH

Order No.

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ORDER

17.08.2026

01.

1. Heard learned counsel for both the Parties.

2. The impugned order does not foreclose the door of the petitioner to ventilate the grievance but he is restricted on the score that the petitioner has to approach the proper forum for the relief so claimed and not by filing a separate writ petition.

3. The tenor of the order is suggestive of the fact that the Court refused to exercise its discretion and relegated the petitioner to take a recourse in a pending writ petition is to avoid the multiplicity of the proceedings and overlapping of the common issues involved in the legal proceedings pending before this Court.

4. The resolution and the requisition which culminating into an order by the proper authority to convey a meeting for the no confidence motion against the petitioner being the Chairperson of the Belpahar Municipality, was challenged before this Court by the petitioner in W.P.(C) No.18643 of 2026 wherein an interim order was passed on 23rd June, 2026 permitting the Authorities to proceed with the meeting on the basis of the said notice but the result shall not be published till the next date. According to the Petitioner, the said order is still operative and till date the final result has not been published.

5. However, the Petitioner is prevented to discharge his duties as Chairman of the same Municipality which according to the Petitioner not only impacted the mandate given in the interim order passed in the said Writ Petition but also eclipsed the same by the Executive Officer.

6. Learned Senior Counsel appearing for the Appellant submits that since the Executive Officer was not arraigned as the Party in the earlier Writ Petition, any action which is taken by him constitutes a fresh cause of action and therefore, the Writ Petition to enforce the invasion of right is maintainable.

7. As indicated hereinabove, the right to continue in discharging the duties in the functions of the Chairman of the Municipality, originates from the interim order passed an earlier Writ Petition as cannot be said to have an independent leg to stand upon since the relief is dependent upon the orders passed in the earlier Writ Petition, we do not find any incongruity on the part of the learned Single

Bench in relegating the Petitioner to approach the appropriate forum. We thus, do not find any grounds warranting interference in the impugned order.

8. In view of the above, the Writ Appeal stands dismissed. No costs.

(Harish Tandon) Chief Justice

(Chittaranjan Dash) Judge

AK Pradhan/Priyanka Digitally Signed Signed by: PRIYANKA BARIK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Aug-2026 11:30:47 Signature Not Verified

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