Samar Ballava Mohanty vs State Of Odisha & Ors
2023 Latest Caselaw 11137 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No.41852 of 2021

Samar Ballava Mohanty                .....                                  Petitioner
                                                         Mr.B. K. Behera, Advocate
                                     Vs.
State of Odisha & Ors.               .....                           Opposite Parties
                                                                Mr. G.N. Rout, ASC

                     CORAM: JUSTICE SANJAY KUMAR MISHRA

                                            ORDER

12.09.2023 Order No. This matter is taken up through hybrid mode.

05.

2. Though the subject matter of this Writ Petition is not the assignment of this Bench, on being specially assigned, matter is taken up under the heading "Fresh Admission".

3. On perusal of order dated 23.08.2023 in W.P.(C) No.41852 of 2021, it is ascertained that on prayer of the learned Counsel for the parties, the coordinate Bench directed to list this Writ Petition along with W.P.(C) No.16810 of 2016, which was disposed of by another coordinate Bench vide judgment dated 18.12.2018. However, on perusal of case record in W.P.(C) No.16810 of 2016, it is ascertained that the said judgment passed by the coordinate Bench was challenged in W.A. Nos.115 of 2019 and 476 of 2020 by the Appellants, who were not party to the W.P.(C) No.16810 of 2016. The first division Bench set aside the impugned judgment dated 13.12.2021 passed in W.P.(C) No.16810 of 2016 and remanded the matter to be placed before the roster Bench. Paragraphs 11 to 14 of the said order are extracted below:-

"11. For the aforesaid reasons, the impugned order of the learned single Judge is hereby set aside and W.P.(C) No.16180 of 2016 is restored to file to the learned single Judge. It will be listed on 1st February, 2022 before the roster Bench.

12. It is made clear that the present Appellants in both the appeals will stand impleaded in the said writ petition as Opposite Parties. It is the responsibility of the Petitioners in the writ petition, W.P.(C) No.16180 of 2016, to file consolidated cause title in the said petition by the aforementioned date. By the aforementioned date, it would be open to the present Appellants to file their respective parawise replies to the said writ petition.

13. The writ petition shall be listed before the roaster bench of the learned single Judge for directions on 7th of February, 2022, by which time, rejoinder, if any, to the counter affidavits be filed. No further time will be granted to any of the parties for the above purpose. The learned single Judge is requested to make endeavor to finally dispose of the writ petition, after hearing the parties, within a period of four months thereafter. The said writ petition will be listed along with WPC (OAC) No.15867 of 2016 and WPC (OAC) No.2796 of 2016.

14. This Court further directs that status quo as on today be maintained by all parties till disposal of the aforesaid writ petition. The appeals are disposed of. An urgent certified copy of this order be issued as per Rules."

(Emphasis Supplied)

4. Apart from the case record in W.P.(C) No.16810 of 2016, other matters i.e. W.P.(C) Nos.41919, 41973 of 2021 & 18225 of 2023 are also on board. Neither those matters are the assignment of this Bench nor have been specifically assigned to this Bench as per the Note Sheet of Hon'ble the Chief Justice dated.13.12.2021 vide which only W.P.(C) No.41852 of 2021 has been marked to this Bench.

5. A submission is made at the Bar that outcome of W.P.(C) No.16810 of 2016 has some bearing on the present writ petition and the said writ petition needs to be heard and decided ahead of all the Writ Petitions, as detailed above.

6. In view of the submission of the learned Counsel for the parties, since W.P.(C) No.16810 of 2016 needs to be listed before the roster Bench as per the order of the first Division Bench and the same is not the assignment of this court, so also in view of the detailed order passed today in W.P.(C) No.16810 of 2016, this writ petition be listed after disposal of W.P.(C) No.16810 of 2016 by the roster Bench.

(S.K.MISHRA) JUDGE

Banita

Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JUNIOR STENOGRAPHER Reason: AUTHENICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-Sep-2023 17:15:01