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2026 DAILYLAW 5936 (ORI)

RABINDRA NATH BEHERA v. STATE OF ORISSA

WP(C)/1430/2026 · 2026-01-16

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.1430 of 2026 Rabindra Nath Behera ..... Petitioner Represented by Adv. – Mr. Amitav Tripathy -versus- State of Orissa and others ..... Opposite Parties Represented by Adv. – Mr. D.K. Sahu, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 16.01.2026 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 learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “Under the aforesaid circumstances it is humbly prayed that this Hon'ble Court may kindly be pleased to issue Rule NISI calling upon the Opp. Parties to show cause as to why the letter dated 31.12.2025 issued by the District Education Officer, Nayagarh shall not be quashed. And on receipt of any show cause or any insufficient show cause shown by the Opp. Page 2 of 3. parties the said rule be made absolute by quashing the letter dated 31.12.2025 passed by the District Education Officer, Nayagarh. And further be pleased to allow the petitioner to be in charge of BEO in the block of Gania under Nayagarh District. And may pass such other order/orders, direction/directions as this Hon'ble Court deem fit and proper.” 4. It is stated by the learned counsel for the Petitioner that although the Petitioner happens to be the senior most Assistant Block Education Officer working under the Gania Block, however, the District Education Officer, Nayagarh has appointed somebody else as In-charge B.E.O. Gania. Being aggrieved by such decision of the District Education Officer, Nayagarh, Opposite Party No.3, the Petitioner has approached the Opposite Party No.3 by filing a representation on 03.01.2026 at Annexure-4 to the writ petition, however, no final decision has been taken on such representation. Being aggrieved such inaction of the Opposite Party No.3, 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 specific instruction in the matter, however, in the event the Petitioner has approached the Opposite Party No.3 by filing a representation on 03.01.2026 at Annexure-4 as has been pleaded in the writ petition, he will have no objection in the event this Court directs the Opposite Party No.3 to consider and dispose of the representation of the Page 3 of 3. Petitioner, if the same has not been disposed of in the meantime, strictly in accordance with law and within the stipulated period of time. 6. Considering the submissions made by the learned counsels appearing for the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.3-District Education Officer, Nayagarh to consider the representation of the Petitioner dated 03.01.2026 under Annexure-4 in accordance with law within a period of four weeks from the date of production of a certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within ten days thereafter. Urgent certified copy of this order be granted on proper application. ( A.K. Mohapatra) Judge Debasis