Krushna Kumar Panda vs Union Of India And Another
2022 Latest Caselaw 4251 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   RVWPET No.19 of 2014

            Krushna Kumar Panda                        ....           Petitioner
                                           Mr. Digambar Mishra, Advocate
                                       -versus-
            Union of India and another               .... Opposite Parties
                                          Mr. P.K. Parhi, A.S.G. along with
                              Mr. B.S. Rayaguru, C.G.C. for Union of India
                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE CHITTARANJAN DASH
                                          ORDER

26.08.2022 Order No.

08. 1. This review petition has been filed by Orissa Drugs and Chemicals Ltd. (ODPL) which was Opposite Party No.2 in the main writ petition i.e. W.P. (C) 14966 of 2009 pursuant to the liberty granted to it by an order dated 22nd November 2013 of the Supreme Court of India in SLP(C) No.6599 of 2010 filed by ODPL challenging the order dated 5th November, 2009 passed by this Court disposing of W.P. (C) 14966 of 2009.

2. The review petition was filed on 28th January 2014 and defects were pointed out regarding serving a copy thereof on the original writ petitioner. Time was granted by the Court to the Petitioner for that purpose on 5th March, 2014.The file notings show that for more than seven years thereafter defects were not removed. When the petition was listed on 17th August 2021, the Court granted the Petitioner seven more days' time to remove defects. Again it was

listed on 31st August 2021 when defects were asked to be removed within three weeks.

3. On 5th October 2021 the review petitioner i.e. ODPL filed 194 of 2021 for amending the review petition for curing the numerous glaring defects including the errors in correctly depicting the parties to the review petition and their description in the body of the review petition. However, for some reason, this IA was not listed.

4. Thereafter the matter was adjourned thrice on 9th December, 2021, 10th January, 2022 and 10th May, 2022. In the order passed on the last-mentioned date, it was noted that one Mr. Khuntia, Advocate had entered appearance for ODPL. He undertook to file vakalatnama on its behalf. However, that too was not done. It is further pointed out that despite orders to that effect, a copy of the review petition has also not been supplied to the counsel for the Union of India, Opposite Party No.1

5. Thereafter, upon mentioning by counsel for the original writ petitioner, the review petition was listed today. However, today, none has appeared for the review petitioner ODPL. The defects have not yet been removed although more than eight years have elapsed since the filing of the review petition. The Court is informed that as a result of the pendency of this review petition, the original writ petitioner Krushan Kumar Panda is unable to get the relief granted by the main judgment.

6. It appears that ODPL is not interested in pursuing the review petition any further.

7. The review petition is accordingly dismissed.

8. The benefits enuring to the original writ petitioner Krushan Kumar Panda by virtue of the judgment dated 5th November, 2009 passed by this Court in W.P. (C) 14966 of 2009 be now released to him in accordance with law within four weeks.

9. Issue urgent certified copy of this order as per rules.

(Dr. S. Muralidhar) Chief Justice

(Chittaranjan Dash) Judge S.K. Guin