Bibhuti Bhusan Kabi vs State Of Odisha And Others
2022 Latest Caselaw 418 Ori

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No. 1028 of 2022

Bibhuti Bhusan Kabi                    .....                      Petitioner
                                                   Ms. S. Samal, Advocate
                                    Vs.
State of Odisha and others            .....                 Opposite parties
                                                  Standing Counsel S&ME
              CORAM:
                 DR. JUSTICE B.R. SARANGI

                                           ORDER

20.01.2022 Order No. This matter is taken up by video conferencing mode. 01 2. The writ petition involves a challenge to the impugned order dated 13.04.2021 at Annexure-7. Entertaining a previous writ petition, this Court issuing notice in clear term indicated regarding the authority under which restriction clause has been imposed in the impugned order. Learned Standing Counsel for School and Mass Education Department makes a statement before this Court that after issuing the notice in the earlier writ application, the Department on reconsideration of the issue involved has been pleased to take out the condition attached therein thereby withdrawing the letter dated 13.04.2021. Therefore, there is no existence of letter dated 13.04.2021 under Annexure-7.

3. Now considering the limited prayer to consider the case of the Petitioner in the light of the judgment in O.A.No.1668 of 2017 confirmed in W.P.(C) No.6698 of 2020 and further confirmed in SLP(C) No.15573 of 2020, the writ petition stands disposed of directing the Competent Authority to dispose of the case of the petitioner applying the decision in O.A.No.1668 of 2017 confirmed in W.P.(C) No.6698 of 2020 and further confirmed in SLP(C) No.15573 of 2020 by undertaking the entire exercise within a period of two months from the date of communication.

4. Petitioner is directed to serve an extra copy of the brief on learned Standing Counsel for School & Mass Education Department for communication purpose.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out 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, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Arun                                     (Dr. B.R. Sarangi)
                                               Judge