Bichitra Dei vs State Of Odisha And Another
2023 Latest Caselaw 5439 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.P.(C) No.2104 of 2006

             Bichitra Dei                            ....                      Petitioner
                                                           Mr. B.K. Parida, Advocate
                                              -versus-

             State of Odisha and another             ....              Opposite Parties
                                                             Mr. S.N. Pattnaik, AGA

                                CORAM: JUSTICE V. NARASINGH

                                             ORDER

08.05.2023 Order No.

06. Misc. Case No.12371 of 2006

1. This Misc. Case has been filed by the State for recalling of the order dated 27.02.2026.

2. Heard Mr. Pattnaik, learned Addl. Government Advocate and Mr. Parida, learned counsel for the Petitioner.

3. The case at hand relates to payment of family pension of the deceased Harihar Mohapatra who was working as Senior Verifier in Works Department and passed away on 28.2.2001.

4. By order dated 27.2.2006 in WP(C) No.2104 of 2006, this Court disposed of the writ petition and the operative portion of the said order is extracted hereunder for convenience of ready reference:

"xxx xxx xxx No action having been taken on the said letter till today, this writ application is disposed of with direction to the opposite party no.2 to act upon the request made in the said letter in Annexure-4 within a

period of one month from the date of communication of this order and intimate the decision to the petitioner and concerned department.

xxx xxx xxx"

5. Learned counsel for the State seeks recall of the said order, inter alia, on the ground that there are competing claims of family pension.

6. Learned counsel for the Petitioner brings to the notice of this Court that assailing the legal status of the Petitioner, Binapani [email protected] Mahapatra filed C.S. No.11 of 2006 in the court of learned Civil Judge (Senior Division), Nayagarh wherein the present Petitioner was arrayed as Defendant no.5. Since the suit was dismissed, the same was challenged in RFA No.42/13 of 2013/2011 by the Plaintiff-Appellant in which the present Petitioner was also cited as Respondent no.5. And, by order dated 20th May, 2017 the said appeal was dismissed on merit.

7. Copies of the judgment passed in Civil Suit No.11 of 2006 and RFA No.42/13 of 2013/2011 are taken on record.

8. In view of the subsequent development, this Court is of the considered view that no further order need be passed in this Misc. Case and it shall be open to the parties to act in terms of the pronouncement by the common law forum.

9. If aggrieved, it shall be open to either of the parties to take recourse in accordance with law.

10. Misc. Case is accordingly disposed of.

                                                             (V. NARASINGH)
                                                                  Judge
PKS
                                Digitally signed by
             PRADEEP     PRADEEP KUMAR SWAIN

KUMAR SWAIN Date: 2023.05.09 15:14:07 +05'30'