Jayaram Nayak vs Balaram Swain & Ors
2022 Latest Caselaw 4672 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) NO.22508 OF 2022

            Jayaram Nayak                          ....               Petitioner

                                                        Mr.K.K.Mishra, Adv.

                                        -versus-


            Balaram Swain & ors.                   ....        Opposite Party(s)

                                                 Mr.S.K.Palit, Adv. for O.P.1
                                            Mr.S.Ghosh, AGA for O.Ps.2 & 3

                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

Order No.                             13.9.2022
  03.       1.      Heard learned counsel for the Parties.

2. This Writ Petition was taken up for hearing on 2.9.2022.

There was no pointing out that there was glaring defects in the body

of the Petition inasmuch as at Annexure-1 & 2, which are not the

documents as required and pleaded in the Writ Petition. Further the

hearing of the matter was taken up on 8.9.2022. Even though today

in his submission learned counsel for the Petitioner claimed that he

has filed a Memo to clear the defects by bringing appropriate

documents at Annexure-1 & 2. Unfortunately, in spite of concluding

the matter and reserving for judgment, no such mentioning was

made. The defects are pointed out when the Court sat for judgment

only, for which this Court was constrained to bring the matter under

"To Be Mentioned". Today even though mentioning is made

// 2 //

showing interest to cure the defects by way of Memo. along with

appropriate documents, no such Memo. or document is available on

Record.

3. In the circumstance, this Court finds, for the Writ Petition

full of defects and the defects are incurable, the Petitioner is

permitted to withdraw the Writ Petition and if so advised, he may

file a fresh Writ Petition. Accordingly, the Writ Petition stands

dismissed as withdrawn on technical ground with the above liberty.

Certified copy of Annexure-4 appended herein may be returned to

the Petitioner after substituting photocopy thereof.

(Biswanath Rath) Judge M.K.Rout