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2013 DAILYLAW 529 (ORI)

RABINDRA MALIK @NAYA v. STATE and ORS.

WP(C)/2504/2013 · 2026-02-18

Biraja Prasanna Satapathy

Writ Petition (Civil)body2013

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2504 of 2013 Rabindra Malik @ Nayak and Others …. Petitioners Mr. P.K. Jena, Advocate -versus- State of Odisha and Others …. Opp. Parties Mr. P.K. Panda, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 18.02.2026 05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed inter alia with the following prayer: - “It is therefore prayed that, the Hon’ble Court shall be pleased to admit this writ application, issue Rule Nisi calling upon the Opposite Parties as to why the Petitioners shall not be conferred with the status | caste as Scheduled Tribe ‘Kandha’ and why certificate to that extent shall not be issued in their favour ; And if the O.Ps. and any of the O.Ps. fail to show cause or show insufficient cause, the writ be allowed accordingly and order / direction / writ in the nature of mandamus or any other appropriate writ be issued to the O.Ps. commanding them to p. 2 p. 2 declare the Petitioners as Scheduled Tribe ‘Kandha’ and-issue Caste Certificate in their favour accordingly.” 4. It is contended that on the face of the order passed by this Court in OJC No.13213 of 2001 on 03.05.2002, no action is being taken to consider the grievance of the petitioners so raised. 5. Learned Addl. Standing Counsel on the other hand contended that since on the self-same issue, there is already an order of this Court in OJC No.13213 of 2001, the present Writ Petition with similar prayer is not maintainable. 6. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the Writ Petition, permits the petitioners to move Govt.-Opp. Party No.1 for compliance of order dated 03.05.2002. 7. With the aforesaid liberty, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Basudev