S. Prakash Chandra Patro vs Appellate ...
2023 Latest Caselaw 11361 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No. 30155 of 2023


            S. Prakash Chandra Patro                ....            Petitioner


                                                    Mr. S. K. Rath, Advocate

                                        -versus-

            Appellate Authority-cum-Hon'ble         ....      Opposite Parties
            Minister of Law, Govt. of Odisha
            and another
                                                     Mr. A.K. Sharma, AGA

                                                     Ms. P. Naidu, Advocate

                      CORAM:
                                 JUSTICE ARINDAM SINHA
                                 JUSTICE SANJAY KUMAR MISHRA
                                        ORDER

15.09.2023

Order No.

01. 1. Mr. Rath, learned advocate appears on behalf of petitioner and

submits, his client though had preferred appeal but now does not want

to prosecute it. He had filed affidavit dated 19th September, 2022 to the

appellate authority undertaking to obey judgment dated 16th July, 2018,

passed by the Commissioner, impugned in the appeal. Inspite thereof,

the affidavit has not been considered for the appeal to be disposed of.

// 2 //

2. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of opposite party no.1 and Ms. Naidu,

learned advocate, for the Commissioner.

3. In said affidavit dated 19th September, 2022, filed by petitioner

before the appellate authority, petitioner has clearly said that he will

obey judgment dated 16th July, 2018 impugned therein. As such,

petitioner's position is that he is no longer aggrieved by the judgment.

Hence, there is nothing left for adjudication in the appeal. It should be

disposed of expeditiously.

4. Petitioner will forthwith communicate this order along with

copy of the affidavit to opposite party no.1. Said opposite party is

directed to deal with the appeal, within two weeks of communication.

5. The writ petition is disposed of.

(Arindam Sinha) Judge

(S.K. Mishra) Judge

Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: OHC Date: 15-Sep-2023 17:09:24 Prasant