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july 2003

Supreme Court of India · 2003-07-30

STATE OF ORISSA vs GOKULANANDA JENA

Citation / case number
SC 2002/21675
Court
Supreme Court of India
Petitioner
STATE OF ORISSA
Respondent
GOKULANANDA JENA
Author
SANTOSH HEGDE
Bench
N.SANTOSH HEGDE & B.P.SINGH.

Judgment text excerpt

The Supreme Court held that the High Court's conclusion regarding the non-maintainability of a writ petition under Article 226 against an order made by the Designated Judge under Section 11(6) of the Arbitration and Conciliation Act, 1996 is incorrect. The Court clarified that administrative orders are amenable to writ jurisdiction, distinguishing this from the appellate jurisdiction under Article 136. The judgment emphasized that the Designated Judge's order does not adjudicate parties' rights and thus can be challenged under Article 226, reaffirming the principles established in M/s. Konkan Railways Corporation Ltd. & Anr. vs. M/s. Rani Construction Pvt. Ltd. (2002 2 SCC 388).

STATE OF ORISSA vs GOKULANANDA JENA · Niyam