Citation : 2023 Latest Caselaw 5466 Ori
Judgement Date : 8 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.7292 of 2019
Biraja Kumar Nayak .... Petitioner
Mr.Trilochan Barik, Advocate
-versus-
State of Odisha & others .... Opp.parties
Mr. S.K.Ghosh, AGA
CORAM:
JUSTICE BISWANATH RATH
JUSTICE M.S.SAHOO
ORDER
Order No. 08.05.2023 3. 1. Heard.
2. In course of submission by way of an additional affidavit it has been brought to the notice of the Court that in the meantime the petitioner has a further representation dated 26.03.2018 filed herein in the additional affidavit as Annexure-9 series.
3. Learned counsel for the petitioner claims that such application is pending and he wants to take advantage of the judgment of the Hon'ble Supreme Court in Narendra Kumar Tiwari and others Etc. v. State of Jharkhand and others Etc; AIR 2018 SC 3589. For the subsequent cause of action, this Court without expression of any opinion on the issue involved in the writ application presently dispose of the same simply observing in the event representation of the petitioner vide Annexure-9 series to the additional affidavit dated 04.05.2023 is still pending consideration, the authority required to take a decision, shall do well in considering such representation and dispose of the same. However, examining if the decision in Narendra Kumar Tiwari (supra) is applicable to the case at hand or not. The entire exercise involving Annexure-9 series involve herein be completed within a period of // 2 //
two months from the date of communication of the order of this Court.
The writ petition is accordingly disposed of.
...........................
(Biswanath Rath) Judge
...........................
(M.S.Sahoo) Judge
dutta
Digitally signed by AJIT KUMAR AJIT KUMAR DUTTA DUTTA Date: 2023.05.08 21:28:45 +05'30'
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