Subodha Kumar Dash vs State Of Odisha & Others
2023 Latest Caselaw 4296 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                        WPC (OAC) No.925 of 2017


         Subodha Kumar Dash                 ....    Petitioner
                                                  Mr. A.K. Apat, Advocate

                                            -versus-

         State of Odisha & Others           ....   Opposite Parties
                                                  State Counsel

                            COROM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                  ORDER

25.04.2023

I.A No.90 of 2023

Order No

03. 1. This matter is taken up through Hybrid Mode.

2. Heard.

3. This I.A was not on the Board and on being mentioned, the matter taken up.

4. Considering the grounds taken in the I.A., the prayer for substitution is allowed.

5. Consolidated copy of the cause title filed in Court be placed in its appropriate place.

6. Accordingly, the I.A stands disposed of.

(Biraja Prasanna Satapathy) Judge

P.T.O // 2 //

I.A Nos.91 & 92 of 2023

04. 1. Heard.

2. These I.As were not on the Board and on being mentioned, both the I.As were taken up.

3. Mr. Apat, learned counsel for the Petitioner does not want to press these I.As.

4. Accordingly, the I.As are dismissed as not pressed.

(Biraja Prasanna Satapathy) Judge

P.T.O.

// 3 //

ORDER 25.04.2023

WPC(OAC) No.925 of 2017

05. 1. This matter is taken up through Hybrid Mode.

3. Heard Mr. A.K. Apat, learned counsel for the Petitioners and Mr. R.N. Mishra, learned Addl. Government Advocate.

4. This Writ Petition has been filed by the Petitioner challenging the order of reversion passed vide notification dated 10.04.2017 under Annexure-3.

4.1. It is contended that similar order of reversion so passed under Annexure-3 was challenged by one D. Maleswar Patra placed at Sl.No.9 of the notification under Annexure-3 before this Court in WPC(OAC) No.913 of 2017. This Court vide judgment dated 06.08.2021 was pleased to set aside the order of reversion so passed against D. Maleswar Patra. It is accordingly contended that the Petitioner being similarly situated is entitled to get the benefit.

4.2. Mr. R.N. Mishra, learned Addl. Government Advocate on being confronted with the said order does not dispute the judgment so passed on 06.08.2021.

5. Having heard learned counsel for the Parties and taking into account the order passed in similar matter as cited (supra), this Court is inclined to quash the order of reversion passed vide notification dated 10.04.2017 under Annexure-3 so far as it relates to the Petitioner and

// 4 //

dispose of the writ petition in the light of the judgment passed in the case of D. Maleswar Patra.

6. Accordingly, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Judge Subrat