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2012 DAILYLAW 579 (ORI)

M/S. AGRAWAL INFRABUILD PVT. LTD., CHATTISGARH v. STATE OF ODISHA

WP(C)/2012/2026 · 2026-03-10

Harish Tandon Cj, Murahari Sri Raman

Writ Petition (Civil)body2012

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2012 of 2026 M/s. Agrawal Infrabuild Pvt. Ltd. …. Petitioner Represented by Adv.– Mr. Soumik Spandan Tripathy, Advocate -Versus- State of Odisha and others …. Opposite Parties Represented by Adv.– Mr. Saswat Das, A.G.A. for the State Mr. Sankar Prasad Pani, Advocate for the Caveator CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 10.03.2026 01. 1. It is one of the classical examples where the litigant has taken a circuitous route in filing the litigation by jumping the forum. On the basis of the complaint being lodged from several quarters, the National Green Tribunal (NGT), Eastern Zone Bench has taken up the issues and is in seisin of the same. 2. Amidst the pendency of the proceeding before the NGT, a show cause notice is issued by the authority upon the writ petitioner and the factum thereof is brought to the notice of the NGT. Interestingly, while bringing to the notice of the NGT that the show cause notice has been issued in the midst of the matter, the submission was made that they may be provided some time to exhaust the appropriate remedies. 3. We do not find any impediment on the part of the Tribunal to deal with the issues so raised in the instant writ petition and the moment the same is agitated and appropriate reliefs are sought for, there is no embargo in the Tribunal to deal with the same. The Court should not permit the litigant to jump the forum or do a forum shopping and invite the inconsistent decisions to operate simultaneously in the judicial parlance. The amity and the comity of the judicial discipline demands that once the forum has already in seisin of the matter, anything consequential and/or arising there from has to be dealt with in order to bring the certainty and the uniformity in the decision and time and again the Courts have deprecated the approach of the litigant in jumping the forum. 4. We, thus, do not find any merit in the instant writ petition and the same is dismissed. However, it is open to the petitioner to approach the NGT, if so advised and in the event such approach is made, we trust and hope that the NGT will take the issues into consideration and will pass a conscious decision as permissible in law. (Harish Tandon) Chief Justice (M.S. Raman) Judge S.K. Guin/PA