Orissa High Court
Laxmikanta Mallick vs State Of Odisha And Others on 25 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET No. 76 of 2023
Laxmikanta Mallick ..... Petitioner
Mr. P.K. Mohanty, Sr.Adv. along with
Mr. B.P. Chhualsingh, Adv.
Vs.
State of Odisha and others ..... Opposite Parties
Mr. A.K. Mishra, AGA
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
25.08.2023
Order No. This matter is taken up by hybrid mode.
01.
2. Heard Mr. P.K. Mohanty, learned Senior Counsel appearing
along with Mr. B.P. Chhualsingh, learned counsel for the
petitioner and Mr. A.K. Mishra, learned Addl. Government
Advocate appearing for the State-opposite parties.
3. The petitioner has filed this petition seeking review of the
judgment/order dated 14.02.2023 passed in W.A. No. 59 of 2023,
by which this Court by observing that there was complete
compliance of the principles of natural justice, did not feel
inclined to interfere with the appeal and accordingly dismissed the
writ appeal.
4. Mr. P.K. Mohanty, learned Senior Counsel appearing along
with Mr. B.P. Chhualsingh, learned counsel for the petitioner
contended that though materials are available on record with
regard to the judgment cited by the petitioner in the case of
Markesh Mallick v. State of Odisha (W.P.(C) No.16465 of 2009
disposed of on 02.08.2011), but the same has not been taken into
consideration.
5. Mr. A.K. Mishra, learned Addl. Government Advocate
appearing for the State-opposite parties contended that even if the
judgment in Markesh Nayak (supra) was relied upon by the
petitioner, but the matter was heard and disposed of giving due
opportunity of hearing to the parties and, as such, the petitioner
had never raised the applicability of the judgment in Markesh
Nayak (supra). Therefore, whatever materials were available on
record, the same were taken into consideration and the order
impugned was passed. Thereby, no illegality or irregularity has
been committed so as to warrant interference with the same.
6. Having heard learned counsel for the parties and after going
through the records, this Court finds that the sole contention was
raised before the Division Bench of this Court that there was non-
compliance of principles of natural justice and taking the same
into consideration in paragraph-7 of the order dated 14.02.2023
the Division Bench of this Court observed that the appellant
belonged to 'Pana Christian' community and accordingly held that
the caste certificate issued in his favour declaring him to be an SC
was obtained fraudulently. Therefore, this Court found that there
was no factual basis for the SLSC to come to such conclusion and
that its order "throughout proceeds on conjectures and surmises to
come to such a conclusion". As such, this Court relying upon the
judgment of the apex Court in the case of Kumari Madhuri Patil
v. Addl. Commissioner, Tribal Development, AIR 1995 SC 94
came to a conclusion that there was complete compliance of
principles of natural justice and passed the order impugned.
7. In the above view of the matter, this Court does not find any
justification to interfere with the order dated 14.02.2023 and, as
such, no ground for review is made out so as to nullify the effect
of the order dated 14.02.2023.
8. Accordingly, the review petition merits no consideration
and the same is hereby dismissed.
Ashok (DR. B.R. SARANGI)
JUDGE
(M.S. RAMAN)
JUDGE
Signature Not Verified
Digitally Signed
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 25-Aug-2023 17:14:43
