High CourtsSingle Bench(2023) 04 OHC CK 0156

Prasanta Kumar Mallik And Others vs State Of Odisha And Others

Orissa High Court · Decided on 12 April 2023

HON’BLE JUDGES
Biraja Prasanna Satapathy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.10537 Of 2023

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Judgment

9 paragraphs · 248 words

Biraja Prasanna Satapathy

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2.

Heard Mr. D.N. Rath, learned counsel for the Petitioners and Mr. Sanjay Rath, learned Addl. Standing Counsel.

3.

The petitioners have filed the present Writ Petition with a prayer to quash the order dated 16.07.2021 passed by the Government-Opposite Party No.1 under Annexure-11.

4.

It is contended that pursuant to the earlier order passed by this Court on 25.03.2021 in W.P.(C) No.11270 of 2021, Opposite Party No.1 while considering the case of the petitioners disposed of the matter by holding that since  the  matter  is  pending  before  the  Hon’ble  Apex Court, the claim of the petitioner cannot be considered. It is contended that in the meantime the SLP in question has been disposed of vide order dated 25.01.2023 under Annexure-15. It is accordingly contended that the matter be remitted to O.P. No.1 for taking a fresh decision in the matter.

5.

Mr. Sanjay Rath, learned Addl. Standing Counsel does not dispute the disposed of the SLP by the Hon’ble Apex Court in the meantime.

6.

In view of the same, this Court while quashing the order at Annexure-11, directs Opposite Party No.1 to take a fresh decision in the matter as directed by this Court on 25.03.2021 in W.P.(C) No.11270 of 2021. Such a fresh decision shall be taken within a period of 2 (two) months from the date of receipt of this order.

7.

The Writ Petition is disposed of accordingly.

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