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High Court of Orissa · body

2024 DAILYLAW 1444 (ORI)

BASUMATI RANA v. REGIONAL OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA, BBSR

WP(C)/22436/2024 · 2026-07-13

Biraja Prasanna Satapathy

Writ Petition (Civil)body2024

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22436 of 2024 Basumati Rana & others …. Petitioners Mr. K.K.Bhuan, Advocate -versus- Regional Officer, National Highway Authority of India, BBSR & others …. Opposite Parties Ms. B. Pradhan, Advocate CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 13.07.2026 06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the parties. 3. Taking into account the relief claimed and the stand taken in the enquiry report under Annexure-5 and so also the rejection available under Annexure-6, this Court is of the view that since disputed questions of fact is involved as to whether the road condition was bad/good causing the accident, such disputed questions of fact cannot be adjudicated in a petition filed under Article 226 of the Constitution of India. 4. Accordingly, this Court is not inclined to entertain the writ petition with the prayer as made. It is open for p. 2 p. 2 the petitioner to avail the alternative forum, if the petitioner so likes. 5. With the aforesaid liberty, the writ petition stands disposed of. (Biraja Prasanna Satapathy) Judge Manoj