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2024 DAILYLAW 1040 (ORI)

BIBHUTI BHUSAN BHUYAN v. STATE OF ODISHA

WP(C)/15736/2024 · 2026-03-12

Biraja Prasanna Satapathy

Writ Petition (Civil)body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15736 of 2024 Bibhuti Bhusan Bhuyan …. Petitioner Mr. K.K. Swain, Adv. -versus- State of Odisha & Anr. …. Opposite Parties Mr. A. Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 12.03.2026 11. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. Learned counsel appearing for the Petitioner at the outset contended that Writ Petitioner has died on 25.01.2026 and step for substitution will be taken. 4. Learned Addl. Government Advocate on the other hand contended that since the impugned order is an appealable one, the Writ Petition is not maintainable. 5. Having heard learned counsel appearing for the Parties, considering the submissions made and the fact that the Writ Petitioner has died during pendency of the Writ Petition, this Court while disposing the same observes that if the legal heirs of the deceased p. 2 p. 2 Petitioner prefers an appeal against the impugned order, the appellate authority shall take a lawful decision on the same. 6. It is observed that if any such appeal will be moved by the legal heirs of the deceased Petitioner within a period of three (3) weeks hence, the appellate authority shall entertain the appeal without insisting on any delay and take a lawful decision on the same as expeditiously as possible preferably within a period of four (4) months from the date of receipt of the appeal. 7. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat