IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16094 of 2024 Jyotirmayee Swain …. Petitioner Ms. P. Mohanty, Advocate -versus- State of Odisha and Others …. Opposite Parties Mr. C.K. Pradhan, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 05.05.2025 I.A. No.7526 of 2025 18. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the Petitioner. 3. This application has been filed by the Petitioner for modification / correction of the order dated 23.04.2025 passed in W.P.(C) No.16094 of 2024. 4. Considering the grounds taken in the I.A., the word “30.05.2025” so reflected in order No.17 dtd.23.04.2025 be corrected and read as “30.04.2025”. 5. Accordingly, the I.A. is disposed of. (Biraja Prasanna Satapathy) Judge W.P.(C) No.16094 of 2024 19. 1. Heard learned counsel appearing for the Parties. 2. The present Writ Petition has been filed inter alia with the following prayer:- “It is therefore prayed that this Hon'ble Court may graciousty be pleased to admit the Writ Petition, issue RULE NISI, calling upon the Opposite Parties to show cause as to why the purported letter of resignation under Annexure: 6 to the Writ Petition as well as the letters dated 22.04.2024 and 21.06.2024 of the Opposite Party No.3, respectively under Annexure: 1 and 3 to the Writ Petition, will not be quashed and in case the Opposite Parties fail to show cause or show insufficient cause and after hearing the parties, may be pleased to make the said RULE absolute, by quashing the impugned letter of resignation under Annexure: 6 as well as the letters dated 22.04.2024 and 21.06.2024 of the Opposite Party No.3 under Annexure: 1 and 3 respectively and accordingly may be pleased to issue a writ in the nature of mandamus, directing the Opposite Parties to allow the Petitioner to discharge the functions in the post of the Chairman, Kabisuryanagar Panchayat Samiti in the district of Ganjam as per the mandate. And, may be pleased to pass such other writ / writs, order /orders, direction / directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, for which act of kindness, the Petitioner as in duty bound shall ever pray”. 3. Learned counsel appearing for the Petitioner contended that even though Petitioner never resigned as Chairperson, Panchayat Samiti, Kabisurayanagar in the District of Gajam, but the same was forwarded by the B.D.O., Kabisurayanagar-Opposite Party No.3 to Opposite Party No.2 vide letter dtd.22.04.2024 under Annexure-1. 4. It is contended that since Petitioner at no point of time submitted his resignation, no such resignation letter could have been forwarded to the Collector-Opposite Party No.2 for taking further action in the matter. It is however contended that the purported resignation letter so forwarded under Annexure-1 has not yet been accepted. 5. Learned Addl. Government Advocate for the State on the other hand contended that if the Petitioner is disputing that She has never resigned, let her make an appropriate application before the Collector for its consideration. 6. Considering the submissions and the dispute involved, this Court while disposing the Writ Petition permits the Petitioner to make an appropriate application before Opposite Party No.2, indicating therein that Petitioner has never resigned from her post. It is observed that if any such application will be moved before Opposite Party No.2 within a period of two (2) weeks hence, Opposite Party No.2 shall take a lawful decision on the same by giving a personal hearing to the Petitioner within a period of four (4) weeks thereafter. Till a fresh decision is taken as directed, interim order passed by this Court on 18.07.2024 shall continue. 7. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat Designation: Personal Assistant