SIDHESWAR MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) AS common questions of law and fact are involved in both these writ petitions, with the consent of learned counsel for the parties, they were heard together and are being disposed of by this common judgment.

(2.) O .J.C. No. 8795/99 has been filed by a member of this Bar, namely, Shri Sidheswar Mallik, claiming himself to be a concerned resident and representing the residents of the Cuttack Municipal Corporation in espousing their cause. Similarly, the other writ petition, O.J.C. No. 6919/99, has been filed by one Shri B. K. Mohanty, General Secretary of the Cuttack Chamber of Commerce, the Orissa Byabasayee Mahasangha, the Cuttack Nagar Byabasayee Mahasangha and the Orissa Rice Merchants' Association, on behalf of the above organisations as well as the general public of Cuttack City. Both the writ petitions have been couched as public interest litigation.

(3.) O .J.C. No. 6919/99 : In this writ petition, the petitioner, apart from making similar allegations and prayers as made in the other writ petition, has prayed for directing an enquiry into the improper functioning of the Chairman and the Executive Officer of the Corporation, who have joined together and functioned in a manner that is prejudicial to the interest of the Corporation and the public.