Bibhuti Bhusan Das vs State Of Odisha & Others
2023 Latest Caselaw 15268 Ori

Orissa High Court

Bibhuti Bhusan Das vs State Of Odisha & Others on 29 November, 2023

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          W.P.(C) No.28908 of 2021

        Bibhuti Bhusan Das               ....                 Petitioner
                                           Mr.J.M. Pattanaik, Advocate
                                     -versus-

        State of Odisha & Others
                                         ....           Opposite Parties
                                                    Mr. S.K. Samal, AGA

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

Order No.                            29.11.2023
      09. 1.     This     matter   is taken up       through    Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. Petitioner has filed the present writ petition inter alia challenging the order dtd.05.08.2022 so passed by the Govt.-Opposite Party No.1 under Annexure-9.

4. Vide the said order, the claim of the Petitioner to get the benefit of appointment under the provisions of Rehabilitation Assistance Scheme was rejected only on the ground that the letter issued by the Department on 09.09.2020 has been withdrawn.

4.1. Learned counsel for the Petitioner contended that the letter dtd.09.09.2020 so withdrawn by the Government was the subject matter of challenge before this Court in W.P.(C) No.27634 of 2020. The order passed in the said writ petition was the subject matter of challenge in W.A. No.810 of 2021.

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4.2. It is contended that the order passed by the learned Single Judge in W.P.(C) No.27634 of 2020, wherein the letter dtd.09.09.2020 was declared as illegal has been confirmed by the writ appellate Court vide its judgment dtd.25.09.2023 so passed in the Writ Appeal No.810 of 2021 and batch.

5. Mr. Pattnaik accordingly contended that in view of the order passed by this Court in W.P.(C) No.27634 of 2020 so confirmed by the writ appellate Court in W.A. No.810 of 2021 and batch, the impugned order is no more sustainable in the eye of law.

6. Mr. Samal, learned AGA does not dispute the order passed in W.P.(C) No.27634 of 2020 so confirmed in W.A. No.810 of 2021.

7. Having heard learned counsel for the Parties and considering the order passed in the aforesaid writ petition which is confirmed in W.A. No.810 of 2021, the impugned order passed by the Government-Opposite Party No.1 under Annexure-9 is no more sustainable in the eye of law.

8. Therefore, this Court is inclined to quash the order dtd.05.08.2022. While quashing the same, this Court remits the matter to Opposite Party No.1 to take a fresh decision in the light of the order passed in W.P.(C) No.27634 of 2020 so confirmed by this Court in its judgment dtd.25.09.2023 in W.A. No.810 of 2021 and

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batch. Such a fresh decision be taken within a period of two (2) months from the date of receipt of this order.

9. Accordingly, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Judge

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK