Orissa High Court
State Of Odisha And Others vs Aruna Kumar Padhy on 23 October, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No. 2688 of 2023
State of Odisha and others .... Appellants
Represented By-
Mr. P.K.Mohanty, ASC
-versus-
Aruna Kumar Padhy .... Respondent
Represented By-
Mr. P.K. Mishra, Advocate
CORAM:
JUSTICE MANASH RANJAN PATHAK
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
23.10.2025
(Hybrid Mode)
Order No.
05. 1. The matter has been listed before us as per order
dated 23.09.2024 passed by the Hon'ble apex Court in
SLP(C) No. 9533 of 2024 : State of Odisha v. Aruna Kumar
Padhy. The apex Court allowing the SLP has observed
thus :
"1. Leave granted.
2. The office report dated 20.09.2024 indicates that
service is complete. However, no one has entered
appearance on behalf of the respondent(s).
3. Learned counsel for the appellants submits that the
present matters can be disposed of in light of the order
passed in SLP (Civil) No. 9008 of 2024 (The State of Odisha
& Ors. v. Madhurima Panigrahi).
4. Considering that the Division Bench had not
considered the merit of the State's Writ Appeal(s), we deem
it appropriate to set aside the impugned judgment(s). The
matters are remitted back to the Division Bench of the High
Court so that a decision on merit on the State's challenge,
can be rendered. Effort should be made for early disposal.
5. With the above, the appeals stand disposed of. Pending
application(s), if any, shall stand closed."
2. Learned counsel Mr. Mishra submits that the matter
may be taken up for admission hearing.
3. I.A. has been filed for dispensing with filing of certified
copy of the order impugned. Since it is an intra court appeal,
the records of W.P.(C) No.25821 of 2022 along with order
dated 31.3.2025 shall be made available for reference.
4. I.A. is favoured and disposed of. Registry to do the
needful.
5. I.A. has been revived along with writ appeal in view of
the order passed by the Hon'ble Supreme Court as quoted
above.
6. The delay in filing the appeal has already been
condoned by the orders of Hon'ble the Supreme Court as
noted above.
Accordingly the I.A. is disposed of.
7. The matter has been remitted back by the Apex Court
with a direction to consider the matter on merit.
Admit.
Issue notice.
8. Since Mr. Mishra has already on record appearing
for the respondent no further notice is issued.
Copy of the appeal memo along with all the
documents have already been served on Mr. Mishra for the
respondent.
9. In the disposed of SLP Nos. 9533 and 9534 of 2024,
following interim order dated 19.04.2024 was passed :
... ... .... ....
"7. In the meantime, the operation of order in WP(C)
No. 25821 of 2022 and WP(C) No. 12125 of 2022
dated 31.03.2023 passed by the learned Single Judge
of the High Court shall remain stayed."
... ... .... ....
Ultimately SLP was allowed and the matter was
remitted to the High Court to consider the matter on
merits.
10. In view of the interim order that was granted in the
SLP we direct the operation of the order dated 31.03.2023
passed by learned Single Judge in W.P.(C) No. 25821 of
2022 shall remain stayed.
11. List for admission on 2.12.2025. Liberty to
+mention.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Judge
dutta
