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Orissa High Court
Bargarh Zilla Sahara Samaj vs Subham Kumar Dora And Others on 27 January, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.2606 OF 2023
Bargarh Zilla Sahara Samaj .... Appellant
Mr. Dwarika Prasad Mohanty, Advocate
-versus-
Subham Kumar Dora and Others .... Respondents
Seniuor
Mr. Manoj Kumar Mishra, Sr. Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 27.01.2026
I.A. No.7662 of 2023
02. 1. This matter is taken up through hybrid mode.
2. This application has been filed by the Appellant for grant of
leave to pursue the Intra-Court Appeal.
3. Mr. Mohanty, learned counsel for the Appellant submits that
the Appellant was not a party to the order sought to be challenged in
the aforesaid Intra-Court Appeal. However, the Appellant-Samaj is
deeply aggrieved by the said order. Hence, this application has been
filed for grant of leave to pursue the Intra-Court Appeal, which has
been filed challenging the judgment dated 3rd August, 2023 passed by
this Court in W.P.(C) No.16069 of 2023.
4. Considering the submission made by Mr. Mohanty, learned
counsel for the Appellant, the Appellant is granted leave to pursue the
Appeal.
5. The I.A. is accordingly disposed of.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
03. 1. This is an application for condonation of 14 days delay in filing
the Writ Appeal.
2. Mr. Mohanty, learned counsel for the Appellant submits that
the Appellant was not a party to W.P.(C) No.16069 of 2023. But being
aggrieved by the judgment dated 3rd August, 2023, this Writ Appeal
has been filed. As he was not a party to the Writ Appeal, he could not
know about the impugned order immediately. As such, there is a delay
in filing the Writ Appeal. Thus, the delay in filing the Writ Appeal is
bona fide and not intentional.
3. Mr. Mishra, learned Senior Advocate appearing for the
Respondent No.1 submits that the judgment dated 3rd August, 2023
passed in W.P.(C) No.16069 of 2023 was assailed by the State of
Odisha in W.A. No.2054 of 2023. This Court vide judgment dated 2nd
July, 2025 modifying the order passed by the learned Single Judge
disposed of the Writ Appeal with the following directions:-
"15. Keeping in mind the provision under Rule 4 of
the Rules, this Court is of the considered opinion that the
case of the Respondent also requires to be considered afresh
by the Tahasildar, Tusura keeping in mind the discussions
made hereinabove, and the notification/circular/letter dated
2nd May, 1975 so also 22nd March, 1977 as well as the
relevant provisions of the Rules as well as the observations in
the judgment dated 30th May, 2025 in W.A. No. 2257 of
2023, the impugned order is modified and the matter is
remitted to the Tahasildar, Tusura to take a decision in the
matter in accordance with law keeping in mind the
observation made hereinabove providing opportunity of
hearing to the parties concerned.
16. The Writ Appeal is disposed of accordingly. In
the facts and circumstances, there shall be no order as to
costs.
17. Since the matter relates to issuance of caste
certificate, the Tahasildar, Tusura shall make an endeavour
for early disposal of the application of the Respondent for
issuance of a caste certificate."
4. After remand, the Tahasildar, Tusura has already taken a
decision in the matter of issuance of caste certificate in favour of the
Respondent No.1. Hence, the order impugned in this Intra-Court
Appeal is no more available to be challenged. He, therefore, submits
that no purpose would be served in condoning the delay in filing the
Writ Appeal.
5. Considering the submissions made by learned counsel for the
parties, this Court is of the considered opinion that the Appellant has a
bona fide reason in not filing the Writ Appeal in time. Accordingly, the
delay in filing the Writ Appeal is condoned.
6. The I.A. is accordingly disposed of.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
&
04. 1. This Intra-Court Appeal has been filed assailing the judgment
dated 3rd August, 2023 passed by this Court in W.P.(C) No.16069 of
2023.
1.1. W.P.(C) No.16069 of 2023 was filed assailing the order dated
6th May, 2023 passed by the Tahasildar, Tusura holding that the
Respondent No.1 does not belong to Scheduled Tribe but is "Telanga"
by caste. This Court disposed of the writ petition vide judgment dated
3rd August, 2023 setting aside the impugned order dated 6th May, 2023
and directing the Tahasildar, Tusura to issue caste certificate in favour
of the Respondents unless any cogent reason is ascribed for rejecting
the same other than the reason mentioned in the impugned order.
Assailing the same, the State Government preferred W.A. No.2054 of
2023.
2. Mr. Mishra, learned Senior Advocate appearing for the
Respondent No.1 submits that the State Government had filed WA
No.2054 of 2023 assailing the order impugned herein and this Court
disposed of the said Writ Appeal vide judgment dated 2nd July, 2025
with the following direction:-
"15. Keeping in mind the provision under Rule 4 of
the Rules, this Court is of the considered opinion that the
case of the Respondent also requires to be considered afresh
by the Tahasildar, Tusura keeping in mind the discussions
made hereinabove, and the notification/circular/letter dated
2nd May, 1975 so also 22nd March, 1977 as well as the
relevant provisions of the Rules as well as the observations in
the judgment dated 30th May, 2025 in W.A. No. 2257 of
2023, the impugned order is modified and the matter is
remitted to the Tahasildar, Tusura to take a decision in the
matter in accordance with law keeping in mind the
observation made hereinabove providing opportunity of
hearing to the parties concerned.
16. The Writ Appeal is disposed of accordingly. In
the facts and circumstances, there shall be no order as to
costs.
17. Since the matter relates to issuance of caste
certificate, the Tahasildar, Tusura shall make an endeavour
for early disposal of the application of the Respondent for
issuance of a caste certificate."
2.1. The Respondent No.1 has also filed I.A. No.89 of 2026 to
dispose the Writ Appeal as infructuous. Copy of the order passed in
W.A. No.2054 of 2023 has been enclosed to the said I.A. as Annexure-
A.
3. It is thus submitted by Mr. Mishra, learned Senior Advocate
that since the order impugned herein has already been acted upon, the
same is no more available to be challenged and this instant Writ
Appeal has become infructuous.
4. Mr. Mohanty, learned counsel for the Appellant-Samaj submits
that the caste certificate are being issued by the Tahasildar, Tusura
relying upon the fake caste certificate. Thus, the Appellant-Samaj
being aggrieved has filed this Writ Appeal. Since the order impugned
herein has already been modified and the order passed in W.A.
No.2054 of 2023 has already been acted upon, nothing remains to be
adjudicated in this Writ Appeal. He, therefore submits that the Writ
Appeal may be disposed of as infructuous with a liberty to the
Appellant to work out its remedy in accordance with law if any cause
of action arises.
5. Mr. Mishra, learned Senior Advocate, however, submits that he
has no objection to the submission of Mr.Mohanty, to the extent that
the Writ Appeal has become infructuous. But the Appellant should not
be given any liberty to agitate its claim as it was no way related to
issuance of caste certificate to the Respondent No.1. By granting such
liberty further complications may arise in issuance of caste certified to
other persons of the same community.
6. Mr. Dash, learned Additional Standing Counsel submits that
since the Writ Appeal has already become infructuous, no further
order/observations is required to be passed/made while disposing of the
Writ Appeal.
7. Taking into consideration the submissions made by learned
counsel for the parties, the Writ Appeal is disposed of as infructuous.
The I.A. also stands disposed of accordingly.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Signed by: HIMANSU SEKHAR DASH
Himansu
Date: 28-Jan-2026 14:52:42
