Suryamani Mohapatra vs State Of Odisha And Others
2023 Latest Caselaw 4302 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.12694 OF 2023


            Suryamani Mohapatra                     ....        Petitioner(s)
                                                         Mr.A.P.Bose,Adv.
                                         -versus-

            State of Odisha and Others              ....       Opposite Party(s)

                                                         Mr.S.P.Panda,AGA
                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

Order No.                            25.04.2023
   01.       1.     Heard learned counsel for the Parties.

2. This Writ Petition involves a challenge to the impugned order dated 27.05.2022 appearing to be passed in non-cooperation of the Petitioner.

3. Taking this Court to the proceeding dated 25.06.2021, running page 12 and order dated 27.05.2022, running page 17, there is clear demonstration that all these proceedings are taken in the involvement of the Petitioner.

4. It is in this view of the matter, Mr. Bose, learned counsel for the Petitioner submits that the dismissal of the proceeding for default for non-cooperation of the Petitioner appears to be contrary to clear recording of the position of the Petitioner in the order dated 27.05.2022. This Court involves the submissions of Mr. Panda, learned A.G.A., who for the clear recording in the second order dated 27.05.2022 finds no possible objection to the claim of the Petitioner.

5. Considering the rival contentions of the parties, this Court finds, the order dated 27.05.2022 remains contrary to its own

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recording of the A.S.O., Rental Colony, Bhubaneswar. Besides the proceedings since dismissed for default, this Court observes looking to the nature of the proceedings, there should be merit disposal of such proceedings. Further also keeping in view there is already a Writ Court direction in disposal of the W.P.(C) No. 14059 of 2021, it is as a whole this Court finds, the order dated 27.05.2022 is unsustainable which is hereby set aside. The Misc. Case No. 45 of 2021 is remitted back for re-adjudication with direction to the Petitioner to appear before the Competent Authority with copy of this order and take the date of further hearing and matter be decided on merit. Learned counsel for the Petitioner since claims coverage of decision passed in W.P.(C) No. 1608 of 2014 and batch to the case at hand, it may be open to the Petitioner to take reliance of such judgment by producing the same before the A.S.O., Rental Colony, Bhubaneswar involved and the A.S.O. while passing the fresh order shall take the same into consideration.

6. With this observation and direction, this Writ Petition stands disposed of.

(Biswanath Rath) Judge U.Nayak