(Through Hybrid Mode) vs Principal Secretary To Govt. Of
2023 Latest Caselaw 15008 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No. 34970 of 2022
                                (Through hybrid mode)
            Shree Benugopal Swamy                   ....            Petitioner

                                             Mr. S.S. Mohapatra, Advocate
                                        -versus-

            Principal Secretary to Govt. of         ....     Opposite Parties
            Odisha, BBSR and another


                                          Mr. A.K. Sharma, AGA
                                          Ms. P. Naidu, Advocate




                     CORAM:
                                 JUSTICE ARINDAM SINHA
                                 JUSTICE SANJAY KUMAR MISHRA




                                        ORDER

20.11.2023

W.P.(C) no.34970 of 2022 and I.A. no.18000 of 2023 Order No.

02. 1. Mr. Mohapatra, learned advocate appears on behalf of

applicant. He submits, his client's writ petition stood disposed of by

order dated 10th March, 2023. Paragraph-3 from said order is

reproduced below.

// 2 //

"Imposition of conditions by impugned judgment is set aside and quashed. Petitioner is entitled to and will get permission under the prescribed Form AA. The permission is to be issued to petitioner within two weeks of communication."

2. The Commissioner by order dated 24th March, 2023 directed

his client to return original 'NOC' for issuance afresh. He submits, the

original 'NOC' has been misplaced. Hence, prayer in the application

for modification of order dated 10th March, 2023, for the

Commissioner to issue 'NOC' on production of certified copy of

original 'NOC'.

3. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of State and Ms. Naidu, learned advocate

for the Commissioner.

4. Our direction was simply for permission to be issued to

applicant in prescribed Form AA. The Commissioner required

submission of the original 'NOC', which applicants says is misplaced.

In the circumstances, applicant may obtain return of the certified copy

upon furnishing true copy thereof. The Commissioner may then accept

the certified copy as substantial compliance of the direction to submit

the original.

// 3 //

5. The application is disposed of.

(Arindam Sinha) Judge

(S.K. Mishra) Judge Sks

Signature Not Verified Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 20-Nov-2023 17:50:59