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2025 DAILYLAW 2850 (ORI)

DILESWAR ROHIDAS @ DHELESWAR ROHIDASH v. STATE OF ODISHA

WP(C)/37519/2025 · 2026-01-16

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 37519 of 2025 Dileswar Rohidas @ Dheleswar Rohidash ..... Petitioner Mr. S.K. Sahu, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. S. Das, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 16.01.2026 Order No. 02 1. This matter is taken up through hybrid mode. 2. Learned counsel appearing for the Petitioner produced a memo showing communication of the documents available under Annexure-5 series by the Postal Department in Court. The same be kept in record. 3. Heard learned counsel appearing for the Parties. 4. It is contended that even though the document was posted on 11.08.2025, but the same was served on the Petitioner only on 02.09.2025. It is accordingly contended that since by the time Petitioner was delivered with the article containing the notice dtd.04.08.2025, the date of hearing had already elapsed, Petitioner could not participate in the hearing. 4.1. It is also contended that basing on such notice, no report has yet been submitted before the Collector & District Magistrate, Sambalpur. Page 2 of 2. 4.2. Learned counsel appearing for the Petitioner accordingly contended that Opp. Party No. 4 be directed to take up the hearing by giving an opportunity of hearing to the Petitioner. 5. Learned Addl. Standing Counsel on the other hand contended that since there is no document available showing delivery of the notice on 2nd September, 2025 as contended and he has no instruction on the same, contention raised by the Petitioner is not to be accepted. 6. Having heard learned counsel appearing for the Parties and the submission made that the notice issued under Annexure-5 was served on the Petitioner on 2nd September, 2025 and in that regard, Petitioner has already made a complaint before the postal authority on 06.09.2025 (Copy of which was produced in Court), this Court directs Opp. Party No. 4 to take up the hearing by giving opportunity of hearing to the Petitioner, if the report has not yet been submitted to the Collector and District Magistrate. Petitioner is directed to appear before Opp. Party No. 4 along with a copy of this order on 22nd January, 2026. On his appearance Opp. Party No. 4 shall take consequential action. 7. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha