Debadutta Samal vs State Of Odisha And Others
2023 Latest Caselaw 15600 Ori

Orissa High Court

Debadutta Samal vs State Of Odisha And Others on 5 December, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.A. No. 2538 of 2023

Debadutta Samal                          .....                                Appellant
                                                                  Dr. J.K. Lenka, Adv.

                                         Vs.
State of Odisha and others               .....                               Respondent
                                                                         State Counsel
              CORAM:
                  ACTING CHIEF JUSTICE DR. B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                                ORDER

05.12.2023

Order No. This matter is taken up by hybrid mode.

01.

2. Heard learned counsel for the parties.

3. The appellant has filed this writ appeal challenging the order dated 08.09.2023 passed in WPC (OAC) No. 3259 of 2018 under Annexure-9, by which the learned Single Judge has passed the following orders:-

"1. It is submitted by the learned counsel for the petitioner that he has not annexed the order dated 21.01.2013 passed in O.A. No. 3209 (C) of 2012 and order dated 06.05.2013 in W.P.(C) No.9456 of 2013. Though the petitioner makes his claim on the basis of the said orders, copies of the said orders have not been annexed to the writ petition.

2. Accordingly, the writ petition is disposed of granting liberty to the petitioner to file the petition enclosing copies of the aforesaid order/judgment and all other annexures relied upon by the petitioner."

4. As it appears, the order impugned passed by the learned Single Judge is not a reasoned order, rather, as the writ petition filed by the appellant was defective one, the same has been disposed of granting liberty to the appellant to file writ petition enclosing copies of the relevant order/judgment and all other annexures relied upon by him.

5. Since nothing has been placed before us with regard to validity of the order passed by the learned Single Judge and as the writ petition was defective one, the same has been disposed of granting liberty to the appellant to file writ petition enclosing copies of the relevant order and all other annexures, no writ appeal would lie against the said order.

6. Accordingly, the writ appeal merits no consideration and the same is hereby dismissed.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE Ashok

(M.S. RAMAN) JUDGE

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 05-Dec-2023 16:19:23