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2025 DAILYLAW 78298 (ORI)

AMARENDRANATH DAS v. STATE OF ODISHA

WP(C)/34367/2025 · 2025-12-08

Dixit K S

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.34367 of 2025 Sri Amarendranath Das …. Petitioner Mr. K.K. Swain, Advocate -Versus- State of Odisha & Others …. Opposite Parties Mr. J.K. Khandayatray, ASC CORAM: JUSTICE DIXIT KRISHNA SHRIPAD Order No. 01. ORDER 08.12.2025 Petitioner is knocking at the doors of the Writ Court grieving against long pendency of Execution Case No.41 of 2020. Counsel for the petitioner banking upon Rahul S Saha v. Jinendrakumar Gandhi, (2021) 6 SCC 418 submits that every execution case has to be accomplished within an outer limit of one year, whereas in the case of his clients one decade has passed not even a leaf having been turned. He also draws attention of this Court to a Coordinate Bench decision in W.A. No.1788 of 2024 between Rajat Kumar Dash v. State of Odisha disposed off vide order dated 02.07.2025. 2. Learned ASC, on request, appearing for the OPs, who happened to be the judgment debtors, does not oppose the petition. He contends that some reasonable period be fixed for accomplishment of the execution process with the participation of all the stakeholders. With this proposal, counsel for the petitioner is fairly agreeable. In the above circumstances, the State Execution Tribunal OP No.3 is directed to hear and dispose off the subject execution case within an outer limit of four (4) months and report compliance to the Registrar General of this Court. Failing which it is open to the petitioner to file appropriate application for taking appropriate action against the jurisdictional authority. All contentions are kept open. Web Copy of this order to be acted upon by all concerned. ( Dixit Krishna Shripad ) Judge Madhusmita Designation: Jr. Stenographer