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2022 DAILYLAW 692 (ORI)

URBASI BEHERA v. UNION OF INDIA

RVWPET/25/2022 · 2026-03-20

Aditya Kumar Mohapatra, Harish Tandon Cj

Writ Petition (Civil)body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK RVWPET No.25 of 2022 Urbasi Behera …. Petitioner Mr. P. C. Kar, Advocate -versus- Union of India …. Opposite Parties Mr. Prasanna Kumar Parhi, DSGI along with Mr. D. Gochhayat, CGC CORAM: HON’ BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 20.03.2026 03. 1. Heard Mr. P. C. Kar, learned counsel for the petitioner as well as Mr. Prasanna Kumar Parhi, learned Deputy Solicitor General of India along with learned Central Government Counsel representing the Union of India-opposite party. 2. The present review petition is directed against an order dated 7th December, 2021 passed in W.P.(C) No.27901 of 2019. 3. At the outset, Mr. Kar, learned counsel for the petitioner, contended that there exists an error apparent on the face of the record. Page 2 of 3 In support of his argument, Mr. Kar draws attention of this Court to para-1 of the order dated 7th December 2021, where it has been observed that “despite opportunities being given, the petitioner failed to adduce evidence to substantiate her case before the Railway Claims Tribunal (RCT).” He refers to annexure-1 to the instant review petition and states that the claimant has been examined by the RCT in the case bearing O.A. No.154 of 2016. He further contended that although the above evidence of the claimant was recorded by the RCT, the same had been ignored by the Division Bench while deciding the above writ petition. Accordingly, it was argued by the review petitioner that there exists an error apparent on the face of the record. 4. Mr. Parhi, learned Deputy Solicitor General of India appearing for the Union of India-opposite party does not dispute the aforesaid factual position. He further submitted that the petitioner was given full opportunity by the Hon’ble Division Bench at the time of hearing of the writ petition. On such ground, he further contended that the review petition is devoid of merit. Page 3 of 3 5. On a careful consideration of the submissions made by counsels appearing for the parties and on a close scrutiny of records as well as the impugned order, we are of the view that the instant review petition is required to be allowed on the ground that there exists an error apparent on the face of the record and accordingly the same is hereby allowed. The order dated 7th December, 2021 passed in W.P.(C) No.27901 of 2019 is hereby set aside. 6. The said writ petition i.e. W.P.(C) No.27901 of 2019 is restored to its original file. (Harish Tandon) Chief Justice (A. K. Mohapatra) Judge M. Panda Signed by: MRUTYUNJAYA PANDA Reason: Authentication of Orissa, Cuttack 16:15:39 Signature Not Verified