Suchitra Biswal vs Secretary, General Administration Department And Others

 K.R. Mohapatra, J

This matter is taken up through video conferencing mode.

None appears for the Petitioner at the time of call.

Heard Mr. Mishra, learned Additional Standing Counsel for the State-Opposite Parties 1 and 2.

This CMP has been filed assailing the order dated 9th March, 2021 (Annexure-1) passed by learned Civil Judge (Junior Division), Bhubaneswar in

I.A. No. 01 of 2021 arising out of C.S. No. 643 of 2021, whereby he rejected an application filed under Order XXXIX Rule 3 C.P.C. to take up the

I.A. No. 01 of 2020 by dispensing with service of notice on the Opposite Parties therein.

On perusal of the impugned order, it appears that the Opposite Party No.1 is the Secretary, General Administration Department, Bhubaneswar,

Opposite Party No. 2 is the Estate (Land) Officer, G.A. Department, Bhubaneswar and Opposite Party No.3 is Shri Shri Lord Lingaraj Mahaprabhu

Bije Nijagaon, Bhubaneswar. Thus, notice of I.A. No.01 of 2021 can be received by the Government Counsel attached to the said Court. Notice on

Opposite Party No.3 in the said I.A. can also be served either through retained counsel or by serving notice through alternative mode.

In that view of the matter, I am not inclined to entertain the CMP at this stage, which is accordingly disposed of. However, it is observed that after

service of notice on the Opposite Parties, the Petitioner may move the trial court for early disposal of I.A. No.01 of 2021 filed under Order XXXIX

Rules 1 and 2 read with Section 151 C.P.C.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.

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