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2026 DAILYLAW 6324 (ORI)

PRAMOD KUMAR SAHOO v. STATE OF ODISHA

WP(C)/5788/2026 · 2026-03-10

M S Sahoo

Writ Petition (Civil)body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5788 of 2026 Pramod Kumar Sahoo …. Petitioner Mr. Amit Prasad Bose, Advocate -versus- State of Odisha & others …. Opp. Parties Mr. D. N. Lenka, AGA CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 10.03.2026 Hybrid Mode 02. 1. Heard Learned counsel for the Petitioner and the Learned AGA at some length. The writ application filed by the petitioner boils down to a narrow compass after the learned counsel for the petitioner and the learned Additional Government Advocate are heard. 2. Learned counsel for the petitioner take exception to the order dated 10.02.2026 annexed to the writ application marked as Annexure-14, where the following has been indicated: “To Pramod Kumar Sahoo S/o. Chaitanya Sahu At-Plot no.468/2625, Shree Vihar, Chandrasekharpur, Pati, Bhubaneswar-751031 M-9437423103 Sub:- Regarding Certificate Case No.274/2004. Page 2 of 4 Sir, In inviting a reference to the subject cited above, It is hereby informed that as per the order of Hon’ble High Court of Odisha vide W.P.C. No.1812/2026 on date- 27.01.2026, you are directed to appear before this court on dt.23.02.2026 at 03.30 PM for payment towards the certificate dues. Sd/- Special Certificate Officer O/o Sub-Collector, Bhubaneswar” 3. The above order is pursuant to the order dated 27.01.2026 passed by the co-ordinate Bench in W.P.(C) No.1812 of 2026 disposing of the writ petition. Paragraphs-2 & 3 of the said order are reproduced herein: “2. Initially, Misc. Case No.06 of 2001 was initiated against the petitioner under Section 37(1) of the OPDR Act by the ADM, Bhubaneswar. He filed an objection on 06.10.2001. When the matter was pending, by virtue of Government notification the case stood transferred to the Court of Special Certificate Officer, Bhubaneswar being registered as Certificate No.247 of 2004. The petitioner submitted another objection on 03.02.2025. His grievance is that the case has not progressed thereafter. 3. In view of the limited grievance, the writ application is disposed of directing the Special Certificate Officer, Bhubaneswar to dispose of the matter as early as possible, taking note of the objection dated 06.10.2001 filed by the petitioner before the ADM as well as the objection dated 03.02.2025 filed before the present Court. The case shall be disposed of within six weeks from today.” 4. Referring to the order of this Court dated 27.01.2026 it is submitted by the learned counsel for the petitioner that the Special Certificate Officer has exceeded his jurisdiction in p. 3 directing the petitioner to pay the certificate dues without considering the objection of the petitioner dated 06.10.2001 filed earlier before the Additional District Magistrate before whom the proceeding was pending as well as the objection dated 03.02.2025 filed before the Special Certificate Officer- Office of the Sub-Collector, Bhubaneswar. 5. 5. On the face of it, the submissions made by the learned counsel for the petitioner is correct, that in the order dated 10.02.2026 issued by the Special Certificate Officer the directions of this Court, i.e., order dated 27.01.2026 passed by the co-ordinate Bench has not been followed. 6. The learned Additional Government Advocate in response submits that apparently the language used in the letter dated 10.02.2026, regarding payment of the certificate dues is not in sync with the order passed by this Court earlier and that part of the order is a mistake. The Special Certificate Officer does not intend to act contrary to the direction of this Court. To that effect, he had telephonic conversation with the officer and has received instructions. 7. In view of the above, the letter no.1247 dated 10.02.2026 to the extent it records “…for payment towards the certificate dues…” is set aside and quashed. The Special Certificate Officer shall comply with the order of this court dated 27.01.2026 and shall consider the objections of the petitioner as directed earlier by the co-ordinate bench by order dated 27.01.2026 in W.P.(C) No. 1812 of 2026. Page 4 of 4 8. The period for consideration and decision in the matter is extended up to 10.04.2026. The petitioner shall appear before the Special Certificate Officer along with the certified copy of this order on 18.03.2026. On the said date, Special Certificate Officer fixed a date for consideration of the objection and hearing of the objections as directed earlier. 9. With the above observation, the writ application is disposed of. Urgent certified copy of this order be granted on proper application. (Mruganka Sekhar Sahoo) Judge Gs