State Of Odisha And Others vs Sri Ananta Charan Panda
2023 Latest Caselaw 2189 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.A. No.239 of 2021

            State of Odisha and others                   ....          Appellants
                                                     Mr. M. K. Khuntia, A.G.A.
                                          -versus-
            Sri Ananta Charan Panda               ....        Respondent
                                 Mr. P. K. Rath, Advocate and associates

                            CORAM:
                            THE CHIEF JUSTICE
                            JUSTICE G. SATAPATHY

                                         ORDER

16.03.2023 Order No.

02. 1. The impugned order dated 10th September, 2020 was passed in the very first date of hearing issuing directions to the present Appellant regarding consideration of the case of the Respondent in the light of a judgment of a Division Bench of this Court, which according to the Appellant, is not applicable to the case of the Respondent.

2. Although, the impugned order mentions that learned counsel for the Respondent had taken the Court "to the pleadings and the claim involved herein" what was meant was only the writ petition and its Annexures because there was no opportunity to the present Appellants (Opposite Parties in the writ petition) to file any reply to the petition.

3. On the above short ground, the impugned order is set aside and W.P.(C) No. 21558 of 2020 is remanded to the file of the learned

Single Judge in the roster Bench where it will be listed on 3rd July, 2023. The present Appellants will file its reply to the writ petition on or before 21st June, 2023 and the Respondent i.e., writ Petitioner will file rejoinder thereto, if any, on or before 3rd July, 2023. It is made clear that there will be no further adjournments granted to either party for the said purpose. The learned Single Judge is requested to then to proceed with the petition on merits and dispose it of as expeditiously as possible.

4. The writ appeal is disposed of in the above terms. Issue urgent certified copy of this order as per rules.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S.K. Guin