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Tarakanta Samal vs State Of Odisha And 44 Others .... ...
2025 Latest Caselaw 1561 Ori

Citation : 2025 Latest Caselaw 1561 Ori
Judgement Date : 22 July, 2025

Orissa High Court

Tarakanta Samal vs State Of Odisha And 44 Others .... ... on 22 July, 2025

Bench: K.R. Mohapatra, Savitri Ratho
                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) NO. 18075 OF 2025
                 1. Tarakanta Samal                      ....     Petitioners
                 2. Santosh Kumar Mohanty
                                   Mr. Bansidhar Baug, Senior Advocate with
                                           Mr. Manas Ranjan Baug, Advocate
                                           -versus-
                 State of Odisha and 44 others         .... Opposite Parties
                                           Mr. Manmaya Kumar Dash, A.S.C.
                           CORAM:
                            JUSTICE K.R. MOHAPATRA
                            JUSTICE SAVITRI RATHO
                                       ORDER

Order No. 22.07.2025

01. I.A. No. 10897 of 2025

1. This matter is taken up through hybrid mode.

2. This is an application for dispensing with filing of certified copy of Annexure-2.

3. Mr. Baug, learned Senior Advocate appearing for the Petitioners submits that although the order passed under Annexure- 2 is impugned herein but looking at the urgency involved, the writ petition has been filed with an application to dispense with filing of certified copy of Annexure-2. It is his submission that the certified copy of Annexure-2 is available in the case record of W.P.(C) No. 22392 of 2023 disposed of on 24th September, 2024. If the case record in W.P.(C) No. 22392 of 2023 is called for, the impugned order can be referred to which is available in the said case record.

4. Mr. Dash, learned Additional Standing Counsel submits that Annexure-2 was passed on 5th January, 2023. Thus, there was enough time for the Petitioner to obtain the certified copy of the same, if he is intending to challenge it.

5. Since the order under Annexure-2 is impugned herein, the filing of the certified copy of the same should not be dispensed with. Taking into consideration the submission of Mr. Baug, learned Senior Advocate that the certified copy of order dated 5th January, 2023 (Annexure-2) is available in the case record of W.P.(C) No. 22392 of 2023, which was disposed of on 24th September, 2024, this Court dispenses the filing of certified copy of the same for the time being. However, four weeks' time is granted to the Petitioner to obtain the certified copy and file the same.

6. The I.A. is disposed of accordingly.

(K.R. Mohapatra) Judge

(Savitri Ratho) Judge

1. Mr. Baug, learned Senior Advocate submits that the order impugned herein has already been set aside vide Judgment dated 24th September, 2024 passed in W.P.(C) No. 22392 of 2023. The Petitioners were Opposite Party No. 22 and 5 respectively therein. But the authorities are not acting upon the said order of this Court for which the Petitioners are compelled to file the present writ petition.

2. Mr. Dash, learned Additional Standing Counsel prays for an adjournment to examine the Judgment dated 24th September, 2024 passed in W.P.(C) No. 22392 of 2023 and to take instruction in the

matter. He further submits that if necessary, a counter affidavit shall also be filed.

3. Put up this matter on 19th August, 2025. Instructions, if any, shall be obtained and affidavit, if any, shall be filed by that date serving copy thereof on learned counsel for the Petitioners.




                                                                        (K.R. Mohapatra)
                                                                           Judge


                                                                        (Savitri Ratho)
             Subhalaxmi                                                    Judge






Signed by: SUBHALAXMI PRIYADARSHANI


Location: Orissa High Court, Cuttack

Date: 23-Jul-2025 17:12:01
 

 
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