CENTUARY FIBRE PLATES PRIVATE LIMITED, KHURDA v. STATE OF ODISHA
WP(C)/17607/2026 · 2026-07-22
Chittaranjan Dash, Harish Tandon Cj
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 27705 (ORI) · dailylaw.ai ]
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[ 2026 DAILYLAW 27705 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17607 of 2026
Centuary Fibre Plates Private Limited, Khurda …. Petitioner Mr. Tarun Pattnaik, Advocate on behalf of Mr. Abhisek Mohanty, Advocate -versus- State of Odisha and others …. Opposite parties Mr. Saswat Das, AGA
CORAM:
HON’BLE THE CHIEF JUSTICE AND HON’BLE MR JUSTICE CHITTARANJAN DASH
Order No.
ORDER 22.07.2026
01.
1. The relief cannot be claimed by a litigant based upon assumption and/or presupposition. The contract was awarded for supply of a definite quantity of mattresses, which, in fact, has been successfully done by the petitioner and it is not in dispute that he was paid the price thereof in terms of the offer, which he made to the authorities. It is contended by the petitioner that since the validity of supply of the said mattresses was earmarked as 12 months, any additional quantity, if asked for beyond 12 months, the price has to be negotiated.
2. In course of the hearing, what we perceived that the petitioner asserted to have been ordered to supply a further quantity of the mattresses within the period of 12 months. According to the petitioner, once he has executed the contract by supplying the material, the supply of additional mattresses must be on the p. 2 negotiated price for which he has already approached the authority in the form of a representation.
3. Mr. Saswat Das, learned Additional Government Advocate submits that there is no document forthcoming, which would evince any order having placed upon the petitioner to supply the additional mattresses. Even, the writ petition is bereft of any such order having issued by the authority.
4. The writ petition cannot be entertained on mere assumption and presumption or something, which the petitioner perceived when such perception is not corroborated by any written document. The instant writ petition appears to be premature having not disclosed the cause of action therefor.
5. We, thus, dismissed the writ petition.
(Harish Tandon)
Chief Justice
(Chittaranjan Dash) Judge
M. Panda Signed by:
MRUTYUNJAYA PANDA Orissa, Cuttack 11:50:10 Signature Not Verified