Basudev Suna & Ors vs State Of Odisha & Ors
2021 Latest Caselaw 10143 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              WP(C) NO.28948 OF 2021

            Basudev Suna & ors.                     ....             Petitioners

                                                     Mr.K.K.Swain, Advocate

                                        -versus-


            State of Odisha & Ors.                  ....       Opposite Parties

                                                         Mr.D.Mohapatra, SC


                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

22.9.2021

Order No.

1. This matter was heard in extenso on 21.9.2021 and the matter was

adjourned to today by recording the submission and the complain made

therein. Today Mr.K.K.Swain, learned counsel for the Petitioners

produces the status report involving Writ Appeal No.242 of 2016 against

the order of this Court in W.P. (C) No.20286/2010.

2. Undisputedly, the Writ Appeal though filed in 2016 has not been

listed for admission as on date. It is in this view of the matter, this Court

finds, direction, vide Annexure-10 to ignore the case of the Petitioners in

preparation of the provisional list and keeping the Petitioners out from

Annexure-11 series on account of pendency of the Writ Appeal indicated

// 2 //

therein is not sustainable. For there is no stay involving the judgment in

W.P.(C) No.20286/2010, there is no scope to keep the Petitioners away in

the preparation of provisional gradation list. As a consequence, this Court

interferes with Annexure-10 and Annexure-11 series and sets aside the

same. Further this Court directs for inclusion of the Petitioners at

appropriate place in the gradation list under Annexure-11 series and

issuing a recast list by completing entire exercise within four weeks.

3. With the aforesaid direction, the Writ Petition stands disposed of.

(Biswanath Rath) Judge M.K.Rout