Odisha State Cashew Development vs Chitta Ranjan Sahoo And Another
2023 Latest Caselaw 6340 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.A. No. 666 of 2022

            Odisha State Cashew Development        ....          Appellant
            Corporation Limited, Bhubaneswar
                                     Mr. Bibhu Prasad Tripathy, Advocate
                                     -versus-
            Chitta Ranjan Sahoo and Another        ....       Respondents
                                               Mr. A. Tripathy, Advocate

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                         ORDER

Order No. 17.05.2023

02. 1. On 01.11.2021 in W.P.(C) No.33254 of 2021, the learned Single Judge has passed the following order:

"This matter is taken up through hybrid mode.

2. Heard learned counsel for the parties.

3. It is agreed by learned counsel for the parties that the issue involved in this case is analogous to one involved in W.P.(C) No. 19951 of 2020, which has been allowed on 09.09.2021 by this Court.

4. Therefore, in view of the reasons stated in the detailed judgment dated 09.09.2021 passed in W.P.(C) No. 19951 of 2020, this writ petition is allowed.

5. The opposite parties are directed to regularize the services of the petitioner and grant all consequential service and financial benefits in accordance with law as expeditiously as possible, preferably within a period of two months from the date of communication of this order.

Issue urgent certified copy as per rules."

2. On that date, the writ petition was disposed of in view of the Judgment dated 9th September, 2021 passed in W.P.(C) No.19951 of 2020 (Patitapaban Dutta Dash v. State of Odisha). The impugned order does not reflect the appearance of anyone on behalf of the present Appellant, i.e., Opposite Party No.2 in the writ petition. This substantiates the plea of the Appellant that the said order was passed in its absence.

3. Although this Court has very recently upheld the above order of the learned Single Judge in (Patitapaban Dutta Dash v. State of Odisha (supra) given the fact that learned counsel appearing for the Appellant seeks to distinguish its applicability to the facts of the present case and also since there was no opportunity to the Appellant to file even a reply to the writ petition, the Court issues the following directions:

(i) The impugned order dated 1st November, 2021 is hereby set aside on the ground that the Appellant did not have an opportunity to defend itself in the writ petition and restores the said writ petition being W.P.(C) No.33254 of 2021 to the file of the learned Single Judge in the Roster Bench;

(ii) The said writ petition will be listed before the learned Single Judge in the Roster Bench on 7th August, 2023. The present Appellant will file its para-wise reply to the writ petition on or before 24th July, 2023 and the Respondent No.1 will file his rejoinder thereto not later than 7th August, 2023; and

(iii) No further time will be granted to either party for the above purposes. The learned Single Judge is requested to proceed with the hearing of the writ petition on merits and dispose it of as expeditiously as possible.

4. The writ appeal is accordingly disposed of with the above observations and directions.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge Subhasmita

Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-May-2023 15:06:26