Nirakar Nayak vs The Collector-Cum-District ...
2025 Latest Caselaw 2974 Ori

Orissa High Court

Nirakar Nayak vs The Collector-Cum-District ... on 27 January, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No.2329 of 2025

        Nirakar Nayak                              ....                Petitioner
                                                    Mr. D. Mishra, Advocate

                                       -Versus-

        The Collector-cum-District Magistrate,     ....         Opposite Parties
        Kandhamal, Phulbani & others

                                                          Mrs. U. Padhi, ASC
                   CORAM:
                   MR. JUSTICE R.K. PATTANAIK

                                     ORDER

Order                               27.01.2025
No.
02.     1.      Heard Mr. Mishra, learned counsel for the petitioner.

2. Instant writ petition is filed by the petitioner challenging the impugned order dated 6th January, 2025 passed in connection with Election Appeal No.1 of 2025 under Annexure-6 by learned District Judge, Kandhamal, Phulbani and further to stay the operation of the judgment i.e. Annexure-2 in Election Misc. Case No.02 of 2022 of learned Civil Judge (Junior Division), Phulbani and further to allow him to resume duties as before till disposal of the appeal or in the alternative, to keep the notice dated 1st January, 2025 i.e. Annexure-3 in abeyance until then, on the grounds stated.

3. Considering the facts pleaded on record and submission of Mr. Mishra, learned counsel for the petitioner and that the election was earlier challenged and dismissed vide Annexure-1 but once again entertained in Election Misc. Case No.02 of 2022 and was disposed of and the same having been challenged in appeal, wherein, the stay of the impugned order has been denied, the Court

is inclined to the issue notice to the opposite parties for a reply and response.

4. Accordingly, it is ordered.

5. Notice.

6. Mrs. Padhi, learned ASC for the State accepts notice for and on behalf of opposite party Nos.1 and 2. Notices to opposite party Nos.3 to 6 by Registered Post with AD returnable at an early date and for the said purpose, requisites shall be filed by Mr. Mishra, learned counsel for the petitioner within next three working days positively.

7. List on 17th February, 2025 for final orders.

(R.K. Pattanaik) Judge

1. Heard.

2. Instant petition is filed by the petitioner seeking stay operation of the impugned notice as at Annexure-3 for the reason stated.

3. Since, it is submitted that pursuant to the judgment in appeal, Annexure-6 has been issued, this Court, as an interim measure, till the response of opposite party Nos.1 and 2, in particular, is received directs that there shall be no coercive action taken against the petitioner till the next date pursuant to the decision as per Annexure-2.

4. List on the date fixed.

5. Urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

TUDU