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2023 DAILYLAW 557 (ORI)

SUSANTA KUMAR BARAD v. STATE OF ODISHA

WP(C)/24652/2023 · 2026-03-19

Sibo Sankar Mishra

Writ Petition (Civil)body2023

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 24652 of 2023 Susanta Kumar Barad …. Petitioner(s) Mr. S. Senapati, Advocate -versus- State of Odisha & Ors. …. Opposite Party(s) Mr. J.K. Bal, AGA CORAM: THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA Order No. ORDER 19.03.2026 01. 1. The present writ petition has been filed by the petitioner-Susanta Kumar Barad assailing the impugned order dated 18.04.2023 passed by the National Green Tribunal, Eastern Zone Bench, Kolkata in I.A. No. 189/2022/EZ (Original Application No.83/2022/EZ). 2. Mr. Senapati, learned counsel for the petitioner submits that the respondent no.18 before the National Green Tribunal M/s Agarwal Infrabuild Pvt. Ltd. had also challenged the same impugned order in W.P.(C) No. 26730 of 2023. The present petitioner has been arrayed as respondent no.17 before the National Green Tribunal. The learned Single Judge of this Court, vide order dated 08.01.2024, has set aside the impugned order dated 18.04.2023 passed by the National Green Tribunal and remitted the matter back to the Tribunal for a fresh p. 2 adjudication. He further submits that after remittance of the matter, the National Green Tribunal is ceased with the matter and has not yet decided the same. Therefore, he submits that same order, as has been passed by the learned Single Judge of this Court in W.P.(C) No. 26730 of 2023, may also be passed in the present writ petition. 3. The submission made by Mr. Senapati, learned counsel for the petitioner deserves merit, in view of the order passed by the Coordinate Bench of this Court dated 08.01.2024 in W.P.(C) No. 26730 of 2023, the present writ liable to be allowed. Accordingly, the impugned order dated 18.04.2023 passed by the National Green Tribunal, Eastern Zone Bench, Kolkata in I.A. No. 189/2022/EZ (Original Application No.83/2022/EZ) is set aside. The matter is remitted to the National Green Tribunal, Eastern Zone Bench, Kolkata to be heard by affording appropriate opportunity to the petitioner as well. 4. The writ petition is disposed of. 5. Photocopy of the order dated 08.01.2024 passed in W.P.(C) No. 26730 of 2023 is taken on record. Ashok ( S.S. Mishra) Judge Designation: Secretary