Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.27293 of 2024
Puspalata Jani ..... Petitioner
Mr. Judhisthir Sahoo, Adv. -versus-
State Of Odisha and others
Opposite Parties
Mr. M.R. Mohanty, AGA Mr. L.K. Moharana, Adv. for TPCODL
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 27.01.2025
Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Party No.1 and Mr. L.K. Moharana, learned counsel for the Opposite Party Nos.2, 3 & 4. Perused the writ application as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
“It is, therefore, prayed that considering the aforementioned fact and circumstances of the case of the Petitioner this Hon’ble Court would graciously be pleased admits this Writ Application, notice be issued the Opp. Parties calling upon them to give show cause as to why
Page 2 of 3. the grievance of the Petitioner shall to be taken into consideration immediately. If they fail to give show cause reply or give insufficient cause the Opp. Parties more particularly Opp. Party No-1 would be directed to dispose of the Appeal preferred under Annexure-5 Series as per the provision of law which is now pending before him for adjudication. And pass such other order/orders, writ/writs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”
4. On perusal of the writ petition and upon consideration of the
submissions made by the learned counsels appearing for the parties, it is observed that the sole grievance of the Petitioner is that although he has preferred an appeal before the Opposite Party No.1 on 12.08.2024 under Annexure-5 to the writ Petition, however, the same is still pending before the appellate authority. Being aggrieved by such inaction by the Opposite Parties in considering the appeal, the Petitioner has approached this Court by filing of the present writ application.
5. Learned Additional Government Advocate for the State as well as Mr. L.K. Moharana, learned counsel for the Opposite Party Nos.2, 3 & 4 stated before this Court that they have no objection in the event this Court directs the Opposite Party No.1 to consider the appeal preferred by the Petitioner in accordance with law within a stipulated period of time.
6. Having heard the learned counsels appearing for the respective parties, and the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.1 to consider the appeal of the Petitioner under
Page 3 of 3. Annexure-5 within a period of six weeks from the date of production of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the appeal of the Petitioner under Annexure-5 strictly in accordance with law and by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.1 be also communicated to the Petitioner within two weeks thereafter.
7. With the aforesaid observations/directions, the writ petition stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout