p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WA No. 2869 of 2024 Anirudha Ranabijuli …. Appellant Represented by Adv.- Mr. S.N. Panda, Advocate -versus- UCO Bank, BBSR and another …. Respondents Represented by Adv.- Mr. S.K. Swain, Advocate CORAM: THE HON’BLE MR. JUSTICE ARINDAM SINHA, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE M.S. SAHOO ORDER 11.02.2025 1. Mr. Panda, learned advocate appears on behalf of appellant and Mr. Swain, learned advocate, for respondents-bank. Paragraphs 1 and 2 from our order dated 28th January, 2025 are reproduced below. “1. Mr. Panda, learned advocate appears on behalf of appellant and submits, his client has preferred appeal against order dated 25th September, 2024 made by the Order No. 02. p. 2 learned single Judge. Text of the order is reproduced below. “1. This matter is taken up through a hybrid arrangement. 2. Learned counsel for the petitioner submits that the petitioner may be permitted to withdraw this Writ Petition with liberty to file better application, if any cause of action arises in future. 3. In view of such submission, the Writ Petition is dismissed as withdrawn giving liberty as submitted.” Drawing attention to paragraph-11(A) he submits, he, as counsel for appellant who was writ petitioner, never made prayer for withdrawal of the writ petition. Paragraph-11(A) is reproduced below. “11. Grounds of Appeal (A) That on behalf of the appellant no prayer was made by the counsel for withdrawal of the writ petition either by submitting memo in writing or submitting orally for the same, in course of hearing before the Single Bench.” 2. We have serious allegation made before us. Mr. Swain, learned advocate appears on behalf of respondent-bank. p. 3 Said respondent may file objection in respect of aforesaid, to be accepted on adjourned date upon advance copy served.” On query made Mr. Panda submits, his client is prepared to prosecute the writ petition in its original form along with the amendment allowed. 2. The writ file is in Court. It appears from order no.3 dated 16th May, 2024, upon hearing the parties the learned single Judge allowed the amendment. Mr. Swain submits, he was not present. Prayer in the amendment application dated 29th April, 2024 is reproduced below. “The petitioner prays before the Hon’ble Court to be graciously pleased to allow the I.A. and permit to add the following lines by way of amendment in prayer, “With enhancement of wages till regularization”and oblige” Objection dated 21st June, 2024 was filed by respondents-bank. Text of said order is reproduced below. Order no.3 dated 16th May, 2024. “1. This matter is taken up through hybrid arrangement. 2. Heard. p. 4 3. This I.A. has been filed by the Petitioner for amendment of the prayer of the W.P.(C) No.13695 of 2018. 4. Considering the submission made by the learned counsel for the Petitioner and the averments made in the Interim Application, the amendment is allowed. 5. Accordingly, the I.A. is disposed of.” 3. It will appear from preceding paragraph 2, order no.3 dated 16th May, 2024 was made in presence of learned advocates for the parties. Mr. Swain says, he was not present. The amendment stood allowed. Objection to the amendment application was filed thereafter. 4. In view of petitioner wanting to proceed with the writ petition along with the amendment, we set aside impugned order. The writ petition along with the amendment are restored for adjudication. Place the file on the administrative side for special assignment. 5. The appeal is disposed of. ( Arindam Sinha ) Acting Chief Justice ( M.S. Sahoo ) Judge Prasant Designation: PERSONAL ASSISTANT