State Of Odisha And Others vs Rabindranath Satapathy And ...
2023 Latest Caselaw 1136 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      W.A. No. 545 of 2020



            State of Odisha and Others            ....            Appellants
                                         Mr. B.A. Prusty, Standing Counsel
                                          (School & Mass Education Dept.)
                                      -versus-
            Rabindranath Satapathy and Another ....              Respondent
                                               Mr. Prakash Ku. Rout, Advocate

            CORAM:
            THE CHIEF JUSTICE
            JUSTICE M.S. RAMAN


                                          ORDER

Order No.                                02.02.2023
            I.A. No. 1175 of 2020

02. 1. For the reasons stated therein, the applications are allowed.

Filing of certified copies of the judgment and order is dispensed with. The application is accordingly disposed of.

I.A. No. 1174 of 2020

2. For the reasons stated therein, the delay of 289 days in filing the appeal is condoned. The I.A. is accordingly disposed of.

W.A. No.545 of 2020

3. Since the impugned order was passed on the very first date without giving opportunity to the Appellants to file counter affidavit, it is hereby set aside and the matter i.e. W.P.(C) No.22987 of 2019 is restored to the file of the learned Single Judge where it will be listed on 3rd April, 2023. The Appellants will file their counter affidavit to the writ petition on or before 15th March,

2023 and the rejoinder affidavit thereto be filed by the Respondent-writ Petitioner before 3rd April, 2023. No further time will be granted for the above purpose.

4. The learned Single Judge is requested to dispose of the writ petition as expeditiously as possible preferably within a period of six months thereafter. During pendency of the writ petition, status quo shall be maintained.

5. The writ appeal is disposed of in the above terms.

(Dr. S. Muralidhar) Chief Justice

(M.S.Raman) Judge S.K. Jena/Secy.