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2023 DAILYLAW 335 (ORI)

BALARAM BHUYAN v. STATE OF ODISHA

WA/563/2023 · 2026-03-30

K R Mohapatra, Sanjay Kumar Mishra

body2023

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. NO.563 OF 2023 Balaram Bhuyan …. Appellant Dr. J.K. Lenka, Advocate -versus- State of Odisha & ors. … Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 30.03.2026 04. 1. This matter is taken up through hybrid mode. 2. Petitioner in this Intra-Court Appeal seeks to assail the order dated 08.02.2023 passed by this Court in WPC(OA) No.782 of 2018, by which the writ petition was permitted to be withdrawn with liberty to the Petitioner to raise his grievance with regard to the seniority in question. 3. Dr. Lenka, learned Counsel for the Appellant submits that the Appellant namely, Balaram Bhuyan had never authorized learned Counsel appearing for him in the writ petition to withdraw the writ petition with liberty to raise his grievance with regard to seniority in question. Thus, he prays for setting aside the order passed in WPC(OA) No.782 of 2018. p. 2 4. Mr. Mishra, learned Additional Standing Counsel submits that the writ petition was disposed of taking into consideration the prayer of the Appellant (Writ Petitioner) before the learned Single Judge. Thus, there is no scope to entertain the present Intra-Court Appeal. 5. Upon hearing learned Counsel for the Parties, and perusal of the record, more particularly, the order dated 08.02.2023 passed in WPC(OA) No.782 of 2018, which is impugned herein, this Court finds that the grievance of the Appellant is with regard to submission made by learned Counsel appearing for him in the writ petition. Thus, in all fairness, the same should have been raised before the Court, which passed the order. 6. In view of the above, the writ appeal is disposed of with an observation that the Appellant, if so advised, may file a properly constituted application before the learned Single Judge for redressal of his grievances. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Banita Designation: SR. STENOGRAPHER