SASHIBUSHAN RATH Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) AT the time of hearing Mr. Rath conceded that P. Penteya v. Executive Officer N.A.O. Bhubaneswar : 38 (1972) C.L.T. 915 directly covers this case, and that the writ application is to be dismissed if the aforesaid decision lays down the correct law. He accordingly contended that the case should be referred to a larger Bench for a decision if the aforesaid judgment lays down the correct law.

(2.) THOUGH a number of points had been taken in the writ application, the only substantial question of law that was placed at the time of hearing is that Section 344 of the Orissa Municipal Act (Act 23 of 1950) (hereinafter to be referred to as 'the Act ') is ultra vires Article 14 of the Constitution.

(3.) TO appreciate the contention of the Petitioner, Sections 273 -A, 274 and 344 of the Act may be noticed. They are extracted below: