Orissa High Court
State Of Odisha & Ors vs Managing Committee Of Shailen on 26 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.769 of 2019
State of Odisha & Ors. .... Appellants
Mr. R.N. Mishra, AGA
-versus-
Managing Committee of Shailen .... Respondent
Kumar Shikshya Niketan, Mr. M.K. Sahoo, Advocate
Birburia represented through its
Head Masterm Balasore
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
26.04.2023
Order No
05. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard Mr. R.N. Mishra, learned Addl. Govt. Advocate appearing
for the Appellants and Mr. M.K. Sahoo, learned counsel appearing
for the sole Respondent.
3. This appeal has been filed challenging the order dtd.27.08.2019
passed by the State Education Tribunal in Execution Case No. 84 of
2015.
4. It is contended that in the execution proceeding when the
Tribunal directed the Appellants to provide the property details of
the Respondent for execution of the order, the present appeal was
filed challenging such order.
5. Mr. Sahoo, learned counsel for the Respondent contended that
the matter filed by the Respondent in GIA Case No. 589 of
// 2 //
2011was allowed by the Tribunal vide Judgment dtd.24.04.2013.
Against the said Judgment the State preferred an appeal before this
Court in FAO No. 672 of 2015 and the said appeal was dismissed
on the ground of delay vide order dtd.19.02.2016. It is also
contended that seeking review of the order dtd.19.02.2016 though a
Review was also filed in Review Petition No. 242 of 2018, but the
said Review Petition was also dismissed by this Court vide order
dtd.19.10.2022. It is contended by Mr. Sahoo that even though the
prayer of the present Respondent was allowed by the Tribunal vide
its Judgment dtd.24.04.2013, because of the pendency of this appeal
the Tribunal is not proceeding with the execution case.
6. Mr. Sahoo further contended that while granting interim order
though this Court directed the Appellant to deposit 50% of the
amount involved in GIA Case No. 589 of 2011, but till date the
amount has not yet been deposited. Making all such submissions
Mr. Sahoo contended that the appeal bears no merit and liable for
interference of this Court.
7. Having heard learned counsel appearing for the Parties and
taking into account the fact that the order passed by the Tribunal on
24.04.2013 has been confirmed by this Court while dismissing the
appeal vide order dtd.19.02.2016 and the Review vide order
dtd.19.10.2022, this Court is not inclined to interfere with the
impugned order, which is the subject matter of the present appeal.
8. At this point of time Mr. R.N. Mishra, learned AGA contended
that if the Appellants will be allowed three (3) months time, they
will comply the order so passed by the Tribunal.
9. Considering such submission made by Mr. Mishra, this Court
while disposing the appeal, grants three (3) months time to comply
// 3 //
with the order passed by the Tribunal on 24.04.2013 in GIA Case
No. 589 of 2011. This Court also permits the Respondent to file a
memo before the Tribunal seeking withdrawal of the execution case
in view of the undertaking given by the learned Addl. Govt.
Advocate that the order in question will be complied by the
Appellants.
10. FAO is accordingly disposed of.
(Biraja Prasanna Satapathy)
Judge
Sneha
