Gouri Kumar Mishra vs State Of Odisha And Others
2023 Latest Caselaw 2130 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) No.25431 of 2022

                             (Through Hybrid mode)

            Gouri Kumar Mishra                      ....             Petitioner

                                            Mr. S.K. Samantaray, Advocate

                                         -Versus-
            State of Odisha and others              ....      Opposite Parties

                                          Mr. A.K. Nanda, Advocate (AGA)

                    CORAM:

                    JUSTICE ARINDAM SINHA
                    JUSTICE SANJAY KUMAR MISHRA
                                       ORDER

14.03.2023 Order No.

4. 1. Mr. Samantaray, learned advocate appears on behalf of petitioner and reiterates with reference to order dated 23rd February, 2023 that his client's case for relief is covered by judgment dated 2nd January, 2023 made by the first Division Bench of this Court in, inter alia, WP(C) no.1608 of 2014 (Narottam Rath v. State of Odisha and other).

2. Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State and relies on paragraph-20 in said judgment, reproduced below.

"20. The above directions will be carried out within a period of four months from today. It is made clear that this order will not prevent the Government from exercising powers under Section 3-B of the OGLS Act, in accordance with law."

On query from Court Mr. Nanda submits, petitioner's case is covered but the Government has the liberty as directed in paragraph-20 of Narottam Rath (supra).

3. Mr. Samantaray submits in reply that in the circumstances, there be directions made as were made in paragraph-19 of Narottam Rath (supra).

4. Paragraph-20 from said judgment stands reproduced above. There is no necessity to us to give any further interpretation.

5. Impugned order is set aside and quashed.

6. The writ petition stands covered by Narottam Rath (supra). Directions made in paragraph-19 therein are deemed to be made herein.

7. The writ petition is disposed of.

(Arindam Sinha) Judge

(S. K. Mishra) Judge

Padma