KHATIBUR RAHMAN v. DEPUTY GENERAL MANAGER EHT, CONSTRUCTION DIVISION, KEONJHAR
CMP/720/2025 · 2025-05-08
R K Pattanaik
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33151 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33151 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.720 of 2025
Khatibur Rahman …. Petitioner
Mr. K.K. Mishra, Advocate
-Versus-
The Deputy General Manager E.H.T. (Construction) Division, Baladevjew Colony, Keonjhar …. Opposite Party
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 08.05.2025
01.
1. Heard Mr. Mishra, learned counsel for the petitioner.
2. No notice is issued to the opposite party as the matter is
disposed of at the stage of admission.
3. Instant petition is filed by the petitioner for a direction to learned Senior Civil Judge, Keonjhar to dispose of IA No.13 of 2023 arising out of CS No.50 of 2023 within a stipulated period.
4. The suit is instituted by the petitioner seeking a negative declaration against the opposite party and therein, IA No.13 of 2023 is filed and according to Mr. Mishra, learned counsel appearing for him, the same has not been disposed of and still pending orders and therefore, necessary direction is required to be issued in view of the grievance of the petitioner and relief sought for in the suit.
5. Perused the order sheets of learned court below in IA No.13 of 2023 at Annexure-2. It is made to reveal from Annexure-5,
number of adjournments have been granted by the learned court below and hence, there has been in ordinate delay in disposal of the IA and therefore, a direction is needed to be issued in that regard.
6. Accordingly, it is ordered.
7. In the result, the CMP stands disposed of with a direction to learned Senior Civil Judge, Keonjhar to immediately take up hearing in IA No.13 of 2023 corresponding to CS No.50 of 2023 without further adjournments and to pass a final order therein upon hearing of the opposite party at the earliest preferably within a period of two weeks from the date of receipt of a copy of this order and till such time, there shall be status quo maintained in respect of the suit schedule property. It is further directed that the learned court below shall consider the plea of the petitioner with reference to the provisions of the Works of Licensee Rules, 2006 while disposing of the IA within the time stipulated.
8. Urgent certified copy of this order be issued as per rules.
(R.K. Pattanaik) Judge
TUDU