Moningi Aruna vs State Of Odisha & Anr
2023 Latest Caselaw 12213 Ori

Citation : 2023 Latest Caselaw 12213 Ori
Judgement Date : 9 October, 2023

Orissa High Court

Moningi Aruna vs State Of Odisha & Anr on 9 October, 2023

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No.21138 of 2018

Moningi Aruna                          .....                              Petitioner
                                                          Mr. G.N. Sahu, Advocate
                                       Vs.
State of Odisha & Anr.                 .....                        Opposite Parties
                                                             Mr.Y.S.P. Babu, AGA

                    CORAM: JUSTICE SANJAY KUMAR MISHRA

                                              ORDER

09.10.2023 Order No. This matter is taken up through hybrid mode.

05.

2. Mr. G. N. Sahu, learned Counsel for the Petitioner so also Mr. Babu, learned Additional Government Advocate for the Opposite Parties are present.

3. Mr. Sahu draws attention of this Court to Annexure-2 i.e. certified copy of judgment dated 19.01.2018 passed in Criminal Appeal No.10 of 2016 and submits, the order dated 23.02.2016 as at Annexure-1 passed by the Collector-cum-District Magistrate, Rayagada, in C.S. Case No.13/2014 being challenged in the said Criminal Appeal , was confirmed vide the said judgment dated 19.01.2018.

4. He further submits, pursuant to order passed by the coordinate Bench dated 03.08.2021 so also dated 20.09.2021, though his client has again applied for certified copy of the order dated 23.02.2016 passed in C.S. Case No.13 of 2014, but the same is yet to be supplied to his client.

5. Hence, the Petitioner is permitted to proceed with this case further without insisting for the certified copy of the order dated 23.02.2016 passed in C.S. Case No.13 of 2014 bearing the signature of the authority concerned, as the genuineness of the said order is not disputed by the State Opposite Parties and the said order was the subject matter of challenge in Criminal Appeal No.10 of 2016.

6. Mr. Sahu prays to take up the matter after ensuing Puja Holidays.

7. Mr. Babu, also prays for three weeks time to file Counter Affidavit. The same is allowed.

8. Matter be listed in the week commencing from 13th November, 2023.

9. Counter Affidavit, if any, be filed in the meantime after serving copy of the same on learned Counsel for the Petitioner.

(S.K.MISHRA) JUDGE

Banita

Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK