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2025 DAILYLAW 68258 (ORI)

STATE OF ODISHA v. MANAGING COMMITTEE OF PANCHAYAT HIGH SCHOOL, GHANTIKHAL

WA/2550/2024 · 2025-12-23

M S Sahoo, Manash Ranjan Pathak

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WA NO.2550 OF 2024 State of Odisha and others …. Appellants Represented By Adv. – Mr. P.K. Mohanty, ASC -versus- Managing Committee of Panchayat High School, Ghantikhal …. Respondent Represented By Adv. – Mr. M.K. Sahoo, Advocate CORAM: JUSTICE MANASH RANJAN PATHAK JUSTICE MRUGANKA SEKHAR SAHOO ORDER 23.12.2025 (Hybrid Mode) 1. Mr. Mahendra Kumar Sahoo, learned counsel submits that he has instruction to appear on behalf of the respondent and files Vakalatnama in the Court today. The Vakalatnama shall be taken on record. Scanned copy be updated. 2. It is fairly stated by the learned ASC that the Writ Appeal has been filed challenging the order of the learned Single Judge passed on 20.02.2024 in FAO No.696 of 2020 and writ appeal may not be maintainable against the order passed by the learned Single Bench in FAO. 3. The learned ASC brings to our notice that the judgment dated 17.12.2024 passed by the Full Bench of this Court in Writ Appeal No. 2047 of 2024: Laba Kumar Rath Vs. State of Order No. 01. . p. 2 Odisha & Others; 2025-(I)-ILR-CUT-1. In the said judgment by the Full Bench of three Hon’ble Judges, the following has been directed at paragraph-33 which is reproduced herein: “33. In view of the above noted discussions, we answer the questions referred to the Full Bench as under: (i) An intra-court appeal shall not lie against a judgment/order passed by a learned Single Judge of this Court on an appeal under Section 24-C of the Odisha Education Act, 1969 which is a Special Act. (ii) We respectfully disagree with the view taken by the Division Bench of this Court in case of Prasanna Kumar Sahu (supra) which is not a legally correct view on the point of maintainability of an intra-court appeal. The Division Bench order in case of Arabinda Panda (supra) (dated 29.09.2021 passed in W.A. No.143 of 2016) does not indicate that a writ appeal is maintainable against an order passed by a learned Single Judge of this Court exercising appellate power under a Special Act. (iii) We accordingly hold that an intra-court appeal shall not lie against an order passed by a learned Single Judge of this Court exercising appellate jurisdiction under a Special Act.” 4. In view of the law laid down in Laba Kumar Rath (supra), the writ appeal is disposed of being not maintainable. However, the parties shall have liberty to seek redressal of their grievance before appropriate judicial forum in the appropriate proceeding that may be filed. (Manash Ranjan Pathak) Judge (Mruganka Sekhar Sahoo) Judge Jyostna/Radha