State Of Odisha And Another vs Bidyasagar Mishra And Another
2023 Latest Caselaw 2391 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       W.A. No. 61 of 2022



            State of Odisha and Another             ....           Appellants
                                    Mr. M.K. Khuntia, Addl. Govt. Advocate
                                        -versus-
            Bidyasagar Mishra and Another           ....         Respondents
                                           Mr. Gyana Ranjan Sethi, Advocate

            CORAM:
            THE CHIEF JUSTICE
            JUSTICE G. SATAPATHY
                                         ORDER

Order No. 23.03.2023

03. 1. Mr. G.R. Sethi, learned counsel files a memo of appearance in Court today on behalf of Respondent No.1. The memo is taken on record.

2. The impugned order was passed on the very first day by the learned Single Judge following the judgment earlier delivered by the Single Judge in W.P.(C) No.19951 of 2020 (Patitapaban Dutta Dash v. State of Odisha) on 9th September, 2021.

3. Today, learned counsel for the Respondent No.1 Mr. Gyana Ranjan Sethi himself states that his case is not covered by the aforementioned judgment as the facts of the case are different.

4. In any event, no opportunity was provided to the Appellants- State to file a reply to the writ petition before it was finally heard by the learned Single Judge.

5. On the above ground, the impugned order is set aside and W.P.(C) No.10287 of 2020 is restored to the file of the learned

Single Judge in the roster Bench, where it will be listed for hearing on 12th July, 2023. Counter affidavit to be filed by the State by 28th June, 2023 and rejoinder thereto, if any, by the writ Petitioner by 12th July, 2023. No further time will be granted to either party for the above purposes. The Single Judge is requested to proceed with the writ petition on merits and dispose it of as expeditiously as possible.

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

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S.K. Jena/Secy.