PURI KONARK DEVELOPMENT AUTHORITY Vs. RATNA BHADRA

JUDGEMENT

(1.) The Puri-Konark Development Authority, a creature of the Orissa Development Authorities Act (hereinafter called 'the ODA Act' for brevity), has filed this writ application under Articles 226 and 227 of the Constitution of India seeking a declaration that the Civil Courts have no jurisdiction to examine any order passed under Section 91 of the ODA Act and/or pass any order of injunction restraining the Statutory Authorities constituted under the ODA Act from carrying on their statutory duties. It has also been prayed to issue appropriate direction to dismiss Title Suit Nos. 382/97, 443/97, 215/98, 217/98 and 221/98 as also Misc. Case Nos. 246/97, 277/97, 137/98, 139/98 and 144/98 respectively pending before the Civil Judge (S.D.), Puri initiated by the opposite parties.

(2.) By order dated 15/12/1998, while issuing Rule Nisi, this Court was pleased to stay further proceedings of the aforesaid suits and call for the lower Court records for perusal. All the said suits have been filed inter alia challenging initiation of proceedings under Section 91 of the ODA Act as well as the notices issued under the said Act by the petitioner-Authority. For the sake of brevity and better appreciation, the prayer of Title Suit No. 443 of 1997 which is almost identical in all the suits, is quoted hereunder :-

(3.) As the suits are admittely pending in the Court below and any observation made by us may amount to prejudging the issue, we refrain from entering into the area of factual controversies and confine our judgment only to the question of law.