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2026 DAILYLAW 10197 (ORI)

KRUSHNA CHANDRA SWAIN v. STATE OF ODISHA

WP(C)/2933/2026 · 2026-01-29

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.2933 of 2026 Krushna Chandra Swain ..... Petitioner Represented by Adv. – Mr. Ashok Kumar Behera -versus- State of Odisha, represented through its Commissioner-cum- Secretary, Food Supply & Consumer Welfare Department, Govt. of Odisha, Bhubaneswar. ..... Opposite Party Represented by Adv. – Mr. U.C. Jena, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 29.01.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard the learned counsel for the Petitioner as well as the learned counsel for the State-Opposite Party. Perused the writ petition as well as the prayer made therein. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “Under the circumstances, it is therefore most respectfully prayed that this Hon'ble Court would graciously be pleased to allow this writ petition and direct learned Civil Judge Senior Division, Kujang to proceed in the matter and to dispose of the Succession Misc. Case No.04/2025 Page 2 of 3. within a stipulated time.” 4. Learned counsel for the Petitioner, at the outset, contended that the Petitioner has filed Succession Misc. Case No.04 of 2025 before the learned Civil Judge, Senior Division, Kujang. Along with the Succession Misc. Case the Petitioner has also filed an application under Order-33 Rule-1 of C.P.C. seeking exemption from payment of court fee for the time being. He further submitted that the aforesaid application for exemption of court fee for the time is pending since 04.09.2025. Being aggrieved by such delay in taking up the application for exemption, the Petitioner has approached this Court by filing the present writ petition. 5. Learned counsel for the State, on the other hand, contended that although he has no instruction in the matter, however, if such application under Order-33 Rule-1 of C.P.C. is pending, he will have no objection in the event this Court direct the learned trial court to consider the same in accordance with law and dispose of the same in a time bound manner. 6. Having regard to the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the background facts, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the learned trial court to take up the application filed by the Petitioner under Order-33 Rule-1 of C.P.C. Page 3 of 3. seeking exemption from payment of the court fee for the time being as expeditiously as possible and dispose of the same in accordance with law within a period of eight weeks from the date of communication of a certified copy of this order. The Petitioner is directed to cooperate with the learned trial court and shall appear before the trial court within two weeks along with a copy of this order. 7. With the aforesaid observation and direction, the writ petition stands disposed of. (Aditya Kumar Mohapatra) Judge Debasis