Sadasiba Swain vs State Of Orissa & Others .... Opposite ...
2025 Latest Caselaw 5830 Ori

Orissa High Court

Sadasiba Swain vs State Of Orissa & Others .... Opposite ... on 27 May, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.14907 of 2025
        Sadasiba Swain                        ....                           Petitioner
                                                         Mr. D. Mohapatra, Advocate
                                 -versus-
        State of Orissa & Others    ....                           Opposite Parties
                                                                 Mr. G. Tripathy, AGA

                              CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                 ORDER

Order No.                      27.05.2025
      01. 1.     This    matter      is    taken      up      through       Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for appearing for the Parties.

3. The present Writ Petition has been filed inter alia with the following prayer:-

"It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to admit the Writ Petition; and

AND Issue of an appropriate writ of like nature and Direction(s) or Order(s) to the Opp. Parties for closure and dropping the Departmental Proceeding vide BBSR UPD Prog. No.06 of 2022 in view of Acquittal of the criminal case in T.R. No. 75 of 2023 in connection with C.T. Case No. 335 of 2022 (Mahila P.S. Case No.09 of 2022) which are identical to the charges.

AND Issue a writ of Mandamus or any other appropriate writ, order or direction in the nature thereof, directing the opposite parties to consider the case of the petitioner in light of the principles laid down by the Hon'ble Supreme Court in Capt. M. Paul Anthony v. Bharat Gold Mines Ltd., (1999) 3 SCC 679, G.M. Tank v. State of Gujarat, (2006) 5 SCC 446, and Ram Lal v. State of Rajasthan, Civil Appeal No. 7935 of 2023, as well as the judgment of the Hon'ble High Court of Orissa in Tapan Kumar // 2 //

Pradhan v. State of Odisha in W.P.(C) No.15879 of 2019.

AND Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

4. In course of hearing, learned counsel for the Petitioner states that highlighting his grievances, the Petitioner has made a representation to Opposite Party No.3 vide Annexure-11 and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection.

5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.3 to consider the representation filed by the Petitioner vide Annexure-11 within a period of two (2) months from the date of production of certified copy of this order, if there is no other legal impediment and by giving due opportunity of hearing to all concerned.

Accordingly, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Vacation Judge

Ranjeeta

Location: High Court of Orissa