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High Court of Orissa · body

2010 DAILYLAW 910 (ORI)

ORISSA POWER GENERAT v. A.P.FUND COMMNR.

WP(C)/8026/2010 · 2026-06-22

Biraja Prasanna Satapathy

Writ Petition (Civil)body2010

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8026 of 2010 Orissa Power Generation Corporation Ltd. …. Petitioner Mr. D.P. Nanda, Sr.Adv.. -versus- A.P. Fund Commissioner and Another …. Opp. Parties Mr. S.S. Mohanty, Adv. (for O.P. NO.1). COROM: THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 22.06.2026 7. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties 3. Even though notice on Opp. Party No.2 has not yet been made sufficient, but Mr. D.P. Nanda, learned Sr. Counsel appearing for the Petitioner contended that Petitioner was not a party to the proceeding under Section 7- A of the Act, so initiated by Opp. Party No.1 with passing of an order under Annexure-5. It is accordingly contended that since Petitioner was not a party to the Proceeding under Section 7-A of the Act, no notice could have been issued vide Annexure-1 directing the Petitioner to comply the order. 4. On being confronted with the order passed under Section 7-A of the Act, vis-à-vis the notice issued under Annexure-1, learned counsel appearing for Opp. Party No.1 also fairly contended that Petitioner was not a party to the proceeding under Section 7-A of the Act. 5. Considering the submission made and the fact that Petitioner was not a party to the proceeding under Section 7-A of the Act so initiated against Opp. Party No.2, this Court is of the view that no notice could have been issued to the Petitioner directing for compliance of the order so passed under Section- 7-A of the Act. Accordingly, this Court while quashing the impugned notice dtd.16.04.2010 under Annexure-1, dispose of the Writ Petition. 6. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge sangita