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2017 DAILYLAW 1572 (ORI)

BIRABARA DEHURI v. STATE OF ODISHA

WP(C)/8593/2017 · 2026-02-03

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.8593 of 2017 Birabara Dehuri and others …. Petitioners Mr. Sushree Sunil Kanta Nayak, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Bibekananda Nayak, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 03.02.2026 10. 1. This matter is taken up through hybrid mode. 2. Petitioners in this writ petition seek to assail the order dated 9th December, 2015 (Annexure-6) passed by the Tahasildar, Hattadihi in O.E.A. Case No.114 of 1980. 3. In course of hearing, Mr. Nayak, learned counsel submits that the Petitioners have a remedy of Appeal under the Government Resolution, on the basis of which, the Bebandobasta Case was initiated to file an Appeal. Hence, he prays for withdrawal of the Writ Petition to avail the remedy under the said Resolution. 3. Mr. Nayak, learned Additional Government Advocate does not have any objection to the prayer made by Mr. Nayak, learned counsel for the Petitioners. 4. In view of the above, the Writ Petition is disposed of as withdrawn with an observation that the Petitioners, if so advised, may prefer an Appeal under the provisions made in the concerned Government Resolution. Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Feb-2026 12:33:18 Signature Not Verified 5. While entertaining the petition for condonation of delay in filing the Appeal, the Appellate Authority shall take into consideration the period of pendency of the Writ Petition before this Court from 9th May, 2017 till today along with other grounds to be raised in the petition for condonation of delay/exclusion of period of limitation. (K.R. Mohapatra) Judge (S.K. Mishra) Rojalin Judge Designation: JUNIOR STENOGRAPHER