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Orissa High Court
Jayadeba Rout And Others vs State Of Odisha And Others on 4 February, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: SENIOR STENOGRAPHER
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 05-Feb-2026 14:01:29
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No. 1941 OF 2025
Jayadeba Rout and others .... Appellants
Mr. Bibhu Prasad Tripathy, Senior Advocate
being assisted by Mr. S. Das, Advocate
-versus-
State of Odisha and others .... Respondents
Mr. Siba Narayan Biswal,
Additional Standing Counsel
(For Respondent Nos.1 to 10)
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 04.02.2026
1. 1. This matter is taken up through hybrid mode.
2. This I.A. has been filed by the Appellants seeking leave to
pursue the Writ Appeal.
3. Considering the subject matter of dispute, leave is granted
to the Appellants to pursue the Writ Appeal.
4. I.A. is disposed of accordingly.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
2. WA No. 1941 OF 2025
1. Perused the kind minutes of Hon'ble the Chief Justice at
Flag-X assigning this matter to be heard by the Division Bench
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack
Date: 05-Feb-2026 14:01:29
presided by Shri Justice K.R. Mohapatra. Hence, this matter is
listed before this Bench for consideration.
2. Appearance memo of Mr. Tripathy, learned Senior
Advocate on behalf of the Appellants is taken on record.
3. Mr. Tripathy, learned Senior Advocate appearing for the
Appellants submits that the writ petition was filed with a prayer to
direct the Opposite Parties therein to change the name of the
Primary School and Anganwadi Centre situated at Village
Kanasingi as Kanasingi Primary School and Kanasingi
Anganwadi Centre in place of Rajkiari Primary School and
Rajkiari Anganwadi Centre respectively. A civil suit, i.e. C.S.
No.49 of 2018 in the Court of learned Additional Civil Judge
(Junior Division), Khandapara was also filed by the Writ-
Petitioners (Respondents herein) for the self-same relief. The
Appellants were Defendants in the said suit and were contesting
the relief sought for in the suit. Suppressing such material facts,
the Writ-Petitioners filed the writ petition without disclosing the
pendency of the suit as well as impleading the Appellants as
parties to the said writ petition. Thus, the Appellants were in dark
about the pendency of the writ petition and developments therein.
3.1. The matter was taken up on 10th November, 2025 and on
the very same day, the writ petition was disposed of with a
direction to the District Education Officer, Nayagarh (Opposite
Party No.9 therein) to immediately permit change of name of the
school as indicated in the subject representation and report
compliance to the Registrar General of this Court within two
weeks, failing which the District Education Officer may be asked
to pay Rs.1,000/- (Rupees One Thousand) per day to the
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack
Date: 05-Feb-2026 14:01:29
Petitioners therein. When the Appellants learnt about the order
dated 10th November, 2025 (Annexure-5), they filed a review
petition, i.e., RVWPET No.258 of 2025 along with a petition
seeking leave to pursue the review petition as they were not
parties to the writ petition. The said I.A. seeking leave to pursue
the review petition was dismissed vide order dated 25th
November, 2025 (Annexure-7). Consequently, the review petition
was also dismissed. Hence, this Writ Appeal has been filed
assailing both the orders.
4. Mr. Tripathy, learned Senior Advocate appearing for the
Appellants further submits that the writ petition itself was not
maintainable due to suppression of fact and non-joinder of
necessary parties. Had they been given an opportunity, they
would be in a position to explain the same. Since the I.A. for
grant of leave was dismissed, they had no occasion to have their
say in the matter. He, therefore, submits that the impugned orders
under Annexures-5 and 7 may be set aside.
5. Mr. Biswal, learned Additional Standing Counsel prays for
an adjournment to take instruction in the matter, more
particularly, with regard to the status of implementation of order
under Annexure-5.
6. Upon hearing learned counsel for the parties and on
perusal of the record, it appears that the Respondent No.16, who
was the Plaintiff in C.S. No.49 of 2018, along with other private
Respondents filed the writ petition without disclosing the
pendency of the suit. They also did not implead the present
Appellants as parties to the writ petition although the present
Appellants were Defendants in the civil suit and were contesting
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack
Date: 05-Feb-2026 14:01:29
the same. During pendency of the review petition, Respondent
No.16 withdrew the suit to frustrate the claim of the Appellants.
In addition to above, the impugned order under Annexure-5 to the
Writ Appeal was passed treating the proposal submitted by the
District Education Officer, Nayagarh to be the recommendation
for change of name of Rajkiari Primary School.
7. In view of the above, the matter requires consideration.
8. Hence, issue notice.
9. Since Mr. Biswal, learned Additional Standing Counsel
accepts notice on behalf of Respondent Nos.1 to 10, no requisites
need be filed for issuance of notice to them.
10. Requisites for issuance of notice to Respondent Nos.11 to
18 by Speed Post with A.D. shall be filed by 6th February, 2026.
11. Put up this matter on 8th April, 2026 along with tracking
report of the Postal Department.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
1. Issue notice as above.
2. Accept one set of process fee.
3. As an interim measure, it is directed that there shall be stay
operation of the orders dated 10th November, 2025 (Annexure-5)
passed in W.P.(C) No.25509 of 2025 and 25th November, 2025
(Annexure-7) passed in RVWPET No.258 of 2025 and the
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack
Date: 05-Feb-2026 14:01:29
consequential action, if any, taken in the meantime, till the next
date.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
ms Judge
