Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.19840 of 2025 Abinash Samanta ..... Petitioner Mr. A.K. Otta, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. A. Tripathy, AGA Mr. A. Tripathy, Advocate (Opp. Party Nos. 2 & 3) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 13.01.2026 Order No.12 I.A. No. 15470 of 2025 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the Parties. 3. This I.A. has been filed seeking modification of order dtd.22.08.2025. 4. It is contended that pursuant to the special messenger notice issued by this Court, the Corporation though entered appearance by filing Vakalatnama through the counsel on 12.08.2025 so available under Annexure-3, but because of the fault committed by the Registry in not indicating the name of the engaged counsel appearing for the Corporation, the matter was disposed of vide order dtd.22.08.2025 and vide the said order, order of transfer passed on 19.04.2025 transferring the Petitioner to Nuapada from Mayurbhanj was set aside. 4.1. It is also contended that in terms of order dtd.19.04.2025, Opp. Party No. 4 was allowed to join in place of the Petitioner on his transfer from Sundergarh. It is accordingly contended that since the Page 2 of 4. matter was disposed of in absence of the Corporation on the face of the appearance made on 12.08.2025 and by the time the matter was disposed of, Opp. Party No. 4 had already joined at Baripada, the order dtd.22.08.2025 needs a modification. 4.2. Learned counsel appearing for the Petitioner on the other hand contended that this Court vide order dtd.29.07.2025 while issuing notice of the matter, issued notice on Opp. Party Nos. 2 to 4 by Special Messenger by fixing the next date to 06.08.2025. On 06.08.2025 when the matter was taken up, this Court found that on the face of service of notice on Opp. Party Nos. 2 to 4, no appearance has been made and accordingly Registry was directed to indicate whether any appearance has been made on behalf of Opp. Party Nos. 2 to 4 by fixing the next date to 12.08.2025. 4.3. It is contended that when the matter was ultimately taken up on 22.08.2025 and no appearance was reflected showing appearance of Opp. Party Nos. 2 to 4, the matter was heard and disposed of with quashing of the order dtd.19.04.2025 and rejection of the Petitioner’s claim made vide order dtd.24.06.2025 under Annexure- 4 & 8 respectively. 4.4. It is also contended that on the face of service of notice by Special Messenger, Opp. Party No. 4 never made his appearance and even though Opp. Party-Corporation made its appearance on 12.08.2025, but the same as was not brought to the notice of this Court, the matter was disposed of vide order dtd.22.08.2025. 4.5. It is also contended that in the notice issued by Special Messenger, the date of appearance since was fixed to 06.08.2025, there was no occasion on the part of the Corporation not to make Page 3 of 4. their appearance on 06.08.2025 and making their appearance on 12.08.2025. It is accordingly contended that the interim of application filed by the Corporation seeking modification of order dtd.22.08.2025 is liable for rejection as the Corporation in terms of the notice never entered appearance on 06.08.2025 and no appearance was ever made by Opp. Party No. 4, even though it is contended that he has joined in place of the Petitioner in the month of April, 2025 at Baripada. 5. Having heard learned counsel appearing for the Parties and considering the submission made, this Court finds that challenging the order of transfer initially passed on 19.04.2025, Petitioner was before this Court in W.P.(C) No. 15329 of 2025. This Court vide order dtd.04.06.2025 while disposing the said writ petition, directed Opp. Party No. 1 to take a decision on the Petitioner’s representation made against the order of transfer so issued on 19.04.2025. This Court passed a further order to maintain status quo till 30.06.2025. 5.1. While considering the representation so made by the Petitioner, the same when was rejected by Opp. Party No. 2 vide order dtd.24.06.2025, the present writ petition was filed. This Court vide order dtd.29.07.2025 issued notice by Special Messenger on Opp. Party Nos. 2 to 4 by fixing the date of appearance to 06.08.2025. On the face of service of notice by Special Messenger, no appearance was made by the Corporation or by Opp. Party No. 4 on 06.08.2025. 5.2. Even though as found from Annexure-3 to the I.A., the Corporation appeared through its counsel on 12.08.2025, but nothing was indicated regarding the appearance of the Corporation when the matter was taken up by this Court on 22.08.2025. Page 4 of 4. 5.3. Be that as it may, since on the face of service of notice by Special Messenger, Opp. Party No. 4 as well as the Corporation never appeared on the date fixed, this Court finds no illegality or irregularity with the order dtd.22.08.2025 and is not inclined to modify the same. 6. I.A. accordingly stands dismissed. (BIRAJA PRASANNA SATAPATHY) Judge Sneha