Itishree Mohanty vs Renuprava Panda & Ors
2023 Latest Caselaw 1020 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             RVWPET No.269 of 2022

        Itishree Mohanty                         ....             Petitioner

                                              -versus-

        Renuprava Panda & Ors.                   ....              Opposite Parties

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                         ORDER

31.01..2023 Order No

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. D.K. Mohapatra, learned counsel appearing for the Review Petitioner and Mr. S.K. Das, learned counsel appearing for the Opp. Parties.

3. This Review Petition has been filed inter alia with the following prayer:-

"It is therefore prayed that this Hon'ble Court may graciously be pleased to review/modify the Judgment dated 14.09.2022 passed in FAO No. 312/2017 under Annexure-9 by deleting the observation made in Para- 18 and 1st sentence of Para-19 and simply remand the matter to State Education Tribunal to adjudicate the dispute afresh after leaving all points open for adjudication."

4. Learned counsel for the Review Petitioner contended that the Review Petitioner is aggrieved by the observation made by this Court in Para 18 & 19 of the Judgment dtd.14.09.2022. Learned // 2 //

counsel appearing for the Private Opp. Party on the other hand contended that the prayer for review by engaging a new counsel is not maintainable and the Petitioner only to delay the matter has filed the Review Petition.

5. This Court after going through Para 18 & 19 of the Judgment finds no observation given against either of the Parties. This Court while remanding the matter directed the Tribunal to dispose of the matter in accordance with law. Therefore, the apprehension raised by the Review Petitioner is misconceived and is not maintainable. However, while disposing the Review Petition, it is observed that the Tribunal shall dispose of the matter in accordance with law by taking its own independent view.

6. Since it is contended by Mr. Das, learned counsel appearing for the Opp. Parties that the because of the pendency of the Review Petition the Tribunal is not proceeding with the matter, this Court directs the Tribunal to dispose of the matter by the end of March 2023, if there is no other legal impediment.

7. The Review Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha