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2026 DAILYLAW 3493 (ORI)

NARENDRA MALIK v. STATE OF ODISHA

WP(C)/9295/2026 · 2026-04-08

Biraja Prasanna Satapathy

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 9295 of 2026 Narendra Malik @ Narendra Kumar Mallick …. Petitioner Mr. C. K. Nayak, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. P.K. Sahoo, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 08.04.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. The present Writ Petition has been filed inter alia with the following prayer:- “That in view of above it is prayed that this Hon'ble Court pleased to declare the legal heir certificate issued by the Opp. Party No- 4 in favor of the Opp. Party No-5. arising out of Misc. Case No- 30/2013 on dated 18.02.2013 vide ANNEXURE 1 is illegal and a manipulated one. And pass such other order/orders and to issue such other writ/writs as would afford complete relief to the petitioner. And for this act of kindness the petitioner shall as in duty bound ever pray.” 4. It is contended that Petitioner was having no knowledge regarding issuance of the certificate under Annexure-1 in terms of the order passed in Misc. Case p. 2 p. 2 No.30 of 2013 on 18.02.2013, Petitioner for the first time came to know about such order on 09.03.2026. 4.1. It is however fairly contended that the impugned order being an appealable one, Petitioner be given liberty to move the appellate authority-Opposite Party No.2 within a period of 2(two) weeks hence. 4.2. It is further contended that since there is delay in filing the appeal and Petitioner was not having the knowledge about the certificate, the delay in filing of the appeal be condoned, if the appeal will be filed within the aforesaid period of two (2) weeks. 5. Learned Addl. Standing Counsel for the State has no serious objection to the course of action proposed. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the Writ Petition permits the Petitioner to move the appellate authority by filing an appropriate appeal on or before 24.04.2026. On such filing of the appeal, the appellate authority is directed to entertain the same and dispose of the matter on merit without insisting on any delay and by giving due opportunity of hearing to all concerned. 7. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Subrat Judge