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2026 DAILYLAW 7892 (ORI)

REETA BARIK v. STATE OF ODISHA

WP(C)/12130/2026 · 2026-04-29

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12130 of 2026 Reeta Barik ..... Petitioner Represented by Adv. - Braja Kishor Panda -versus- State of Odisha & Ors. ..... Opposite Parties Represented by Adv. – Sasmita Nayak, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 29.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner as well as learned Additional Standing Counsel appearing for the State- Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “In the aforesaid facts and circumstances, it is therefore most humbly prayed that this Hon'ble Court may graciously be pleased to consider the facts stated in the writ petition, admit the same, issue Rule NISI calling upon the Opp. Parties to show cause and Issue a writ in the nature of Mandamus directing the Opposite Party No.3 (District Education Officer, Bargarh) to consider the prayer of the petitioner and the recommendations made by the Block Education Officer vide Letter No.2327 dated Page 2 of 3. 22.11.2023 and Letter No.546 dated 20.02.2025 and take an appropriate decision regarding transfer of the petitioner to any nearby school under the SME Department near Padampur in the district of Bargarh within a stipulated time; If the Opp. Parties fail to show cause or show insufficient cause then the rule may kindly be made absolute. And/or pass any other order/orders, direction/directions, writ/writs as this Hon'ble Court may deem just and proper.” 4. It is stated by the learned counsel for the Petitioner that the representation of the Petitioner at Annexure-5 pending before the Additional District Magistrate, Rajborasambar, however, he has not been arrayed as an Opposite Party to the present writ application. 5. Learned counsel for the State on the other hand contended that the Petitioner has not produced any evidence that such representation was in fact filed before any of the Opposite Party. In such view of the matter, learned counsel for the Petitioner that the present writ application is not maintainable. He further submitted that in the event this Court grants liberty to approach the Opposite Parties afresh for redressal of his grievance, then he will have no objection to the same. 6. Having heard the learned counsels appearing for the respective parties, on a careful examination of the factual background as well as materials on record, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to approach the District Education Officer, Bargarh, Opposite Party No.3 by filing a Page 3 of 3. detailed representation taking therein all the grounds along with all supporting documents along with a certified copy of this order within a period of three weeks from today. In such eventuality, the Opposite Party No.3 shall do well to consider the representation of the Petitioner strictly in accordance with law and dispose of the representation of the Petitioner by passing a speaking and reasoned order within a period of eight weeks from the date of communication of a certified copy of today’s order. While considering the representation of the Petitioner, the Opposite Party No.3 shall take into consideration Annexures-3 & 4 and consider the applicability of such letters to the case of the present Petitioner. The final decision so taken be communicated to the Petitioner within a period of ten days from the date of taking such a decision. 7. With the aforesaid observations/ directions, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer