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CDJ 2026 SC 505 print Preview print Next print
Court : Supreme Court of India
Case No : Civil Appeal No. of 2026 [Special Leave Petition (C) Nos. 7462, 8766 of 2026]
Judges: THE HONOURABLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA & THE HONOURABLE MR. JUSTICE ALOK ARADHE
Parties : GMR Kamalanga Energy Limited Versus State of Odisha & Others
Appearing Advocates : For the Petitioner: Advocates. For the Respondent: Advocates.
Date of Judgment : 20-03-2026
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 304(a)

2. Catch Words:
Not mentioned.

3. Summary:
- The Supreme Court heard appeals against the Orissa High Court’s dismissal of two interlocutory applications filed on 26.05.2023.
- Earlier, the Court had directed on 09.10.2017 that the appellant could revive its pending writ petitions on grounds of discrimination under Article 304(a).
- The High Court assumed a bar to further amendment and dismissed the applications.
- The Supreme Court held that revival of the writ petitions gives the appellant the right to pursue and amend them, subject to applicable law.
- It found the High Court’s assumption of a bar to be incorrect and emphasized that justice requires permitting amendment.
- Accordingly, both interlocutory applications (I.A. No. 7967 of 2023 and I.A. No. 7965 of 2023) are allowed, allowing the appellant to proceed with amended writ petitions.

4. Conclusion:
Petition Allowed
Judgment :-

1. Leave granted.

2. These appeals are filed against the Judgment and Order dated 11.11.2025 passed by the High Court of Orissa at Cuttack in I.A.No. 7967 of 2023 in W.P.(C) No. 5187 of 2012 and I.A.No. 7965 of 2023 in W.P.(C) No. 5186 of 2012.

3. Disposing of an earlier litigation, this Court, by its order dated 09.10.2017, directed that the appellant herein could revive its pending writ petition before the High Court on grounds relatable to Article 304(a). The relevant portion of the order dated 09.10.2017 is extracted below :-

                   "XXX

                   149.6 In Civil Appeals filed against judgment of Orissa High Court, appellants who were writ petitioners before the High Court are given liberty to file an application within 30 days from today to revive their writ petitions and urge ground of discrimination under Article 304(a) as per law laid down by Nine Judges Bench in Jindal Stainless Ltd."

4. The appellant filed interlocutory applications, being I.A.No. 7967 of 2023 and I.A.No. 7965 of 2023, on 26.05.2023 seeking to urge additional grounds, which according to it, will enable a prayer for seeking alternative relief.

5. The High Court, by its order(s) impugned before us, however, dismissed the said applications in view of the fact that this Court had not permitted the appellant to seek any further amendment.

6. Office Report dated 19.03.2026 indicates that the respondents have not entered appearance despite service of notice.

7. Heard Mr. Rajiv Shakdher, learned senior counsel appearing for the appellant. Having considered the matter in detail, we are of the opinion that once the writ petition is permitted to be revived, the appellant will have the carriage of the proceedings to pursue and contest his writ petition before the Court. This will, of course, be subject to the law, rules and regulations that are applicable to conduct the proceedings.

8. The High Court, however, proceeded on the assumption that there is some kind of a bar by virtue of the order passed by this Court on 09.10.2017, which is actually not so.

9. Having considered the matter in detail, we are of the opinion that interest of justice would be sub-served if the appellant is permitted to seek amendment to the writ petition(s).

10. In view of above, I.A.No. 7967 of 2023 in W.P.(C) No. 5187 of 2012 and I.A.No. 7965 of 2023 in W.P.(C) No. 5186 of 2012 on the file of the High Court are allowed. The appellants may now proceed on the basis of the amendments in the writ petitions.

11. We have not expressed any opinion on the merits of the matter.

12. With these observations and directions, the civil appeals are disposed of.

13. Pending interlocutory application(s), if any, is/are disposed of.
 
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