p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14633 of 2025 Brajkishor Dalei and others … Petitioners Mr. Satrughna Dash (A), Advocate -Versus- State of Odisha and others … Opposite parties Mr.Sanjay Rath, Additional Government Advocate CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 19.08.2025 01. 1. The instant writ petition is founded upon an assumption and presumption of doing a thing, which has not seen the light of the day as of now. The power of judicial review is misused by the petitioners in achieving a thing in an indirect manner, which cannot be achieved in a direct manner. The Writ Court should not issue writ of mandamus upon the authorities on mere apprehension, as the jurisdiction exercised by the Writ Court under Article 226 of the Constitution of India is not to see whether the order is correct or not, but exercise of such power is to ascertain the decision making process. Mere apprehension that the authorities may not consider the objection or may proceed to appoint the opposite party no.6 as the dealer does not create a cause of action for initiation of proceedings under Article 226 of the Constitution of India. p. 2 We are conscious that the cause of action appearing under Article 226 of the Constitution of India has to be read in the perspective of the bundle of facts pleaded in the application, inviting the attention of the Court to decide the dispute and grant relief thereupon. If the cause of action is premature and does not confer any legally enforceable right as on this day, there is no fetter on the part of the Court to nip such fancy litigation in the bud. 2. The counsel for the State concededly submits that till date the opposite party no.6 has not been appointed as a dealer, and therefore, the entire illusory cause of action created in the pleading does not instill any confidence in us that there is any legally enforceable right accrued to the petitioner. 3. The writ petition is, thus, dismissed. (Harish Tandon) Chief Justice (M.S. Raman) Judge Aswini Designation: Personal Assistant (Secretary-in-Charge) CUTTACK