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2025 DAILYLAW 74666 (ORI)

BRAJA KISHORE SWAIN v. STATE OF ODISHA

WA/2641/2024 · 2025-10-27

M S Sahoo, Manash Ranjan Pathak

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK WA No. 2641 of 2024 Braja Kishore Swain …. Appellant Represented by Adv.– Mr. Ramakanta Sarangi, Advocate -Versus- State of Odisha & Others …. Respondents Represented by Adv._ Mr. P.K. Mohanty, ASC CORAM: HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 27.10.2025 (Hybrid mode) 02. 1. The writ appeal has been filed against the interim order dated 16.07.2024, passed by learned Single Judge in I.A. No.6024 of 2024 arising out of the pending writ petition W.P.(C) No.4505 of 2024. 2. The present appeal is moved one year after passing of the interim order. It was first moved on 10.09.2025 whereas the interim order challenged was passed on 16.07.2024. 3. The learned counsel for the appellant argued the matter at length. It is brought to his notice by the Court regarding his arguments on merits of the writ petition that the writ petition is still pending before the learned Single Judge, and it has to be argued before the learned Single Judge. 4. The petitioner had joined service in the respondent No.2- Corporation as per his own showing in the writ petition, on 17.07.2023 (page-13 of the writ petition). One year was completed on contractual basis in the year, 2024 on 17.07.2024 and the interim order was passed on 16.07.2024. 5. It has also to be noticed that in the writ petition, the following prayer has been made:- “It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to: - Admit the Writ Application; And Issue a Writ of Mandamus or any other Writ of like nature and Direction(s) or Order(s) to set aside the Office Order Ref. No.3937/OSBC/475, dated.23.02.2024, under Annexure-4, passed by Opposite Party No. 3, which is illegal, arbitrary and bad in the eyes of law. And Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case; And For this act of kindness, the petitioner shall as in duty bound, ever pray.” Apparently, the challenge in the writ petition is to the order dated 23.02.2024 by which the General Manager of the Corporation by which the petitioner/ appellant was disengaged w.e.f. 29.02.2024. However, by interim order dated 29.02.2024, the petitioner continued beyond the said date 29.02.2024 till the order was modified by the learned Single Judge on 16.07.2024. 6. We do not find any illegality in the order dated 16.07.2024 which is well reasoned, passed in I.A. No.6024 of 2024 that was passed in presence of the learned counsel for the appellant. Accordingly, the Writ Appeal is dismissed. 7. Before we part with the case, we clarify that we have not expressed any opinion regarding the contentions of the parties to the writ petition pending adjudication before the learned Single Judge. Copy of this order shall be placed for reference in the pending writ petition W.P.(C) No.4505 of 2024. (Manash Ranjan Pathak) Judge (Mruganka Sekhar Sahoo) Judge Narayan/Ranjeeta