Sarat Ch. Samal & Anr vs State Of Odisha & Ors
2023 Latest Caselaw 4404 Ori

                            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                            W.P.(C) No.3618 of 2012


                       Sarat Ch. Samal & Anr.                  ....            Petitioner(s)
                                                                    Mr. S.K. Mishra, Adv.
                                                    -versus-

                       State of Odisha & Ors.                  ....      Opposite Party(s)
                                                                      Mr. S. Ghose, AGA

                                 CORAM:
                                 JUSTICE BISWANATH RATH

                                                   ORDER

25.04.2023 Order No.

23. 1. An attempt is made by Mr. Mishra, learned counsel for Petitioner to treat the legal heirs of Petitioner No.2 as the proforma Opposite Party. For the opinion of this Court, if a part of the Petitioners feels satisfied with the judgment impugned herein, there is no question of interfering in the same any further even if a group of other Petitioners are aggrieved. It is, at this stage of the matter Mr. Mishra, learned counsel for Petitioner seeks a reasonable time to bring the L.Rs of Petitioner No.2 on records.

2. Considering that this proceeding is pending since 2012, this Court directs, failure of bringing substitution in respect of Petitioner No.2 within four weeks, the Writ Petition shall be dismissed without further reference to the Bench.

3. If the Petitioner brings substitution within the time, list this matter after the ensuing <Summer Vacation= on 26.06.2023.

(Biswanath Rath) Judge Ayaskanta Jena