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2026 DAILYLAW 8084 (ORI)

AJAY KUMAR SAMAL v. GENERAL ADMINISTRATION DEPT., BBSR

CMP/679/2026 · 2026-05-05

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.679 of 2026 Ajay Kumar Samal ..... Petitioner Represented by Adv. - Amit Prasad Bose -versus- General Administration Dept., BBSR ..... Opposite Party Represented by Adv. - Mr. D.K.Sahoo, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 05.05.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. 3. The plaintiff in C.S. No.2250 of 2021 pending in the Court of learned 2nd Addl. Civil Judge (Senior Division), Bhubaneswar, has approached this Court by filing the present application under Article 227 of the Constitution of India with a prayer for a direction to the learned trial court to dispose of the I.A. No.01 of 2021 filed under Order 39 Rule 1 & 2 as expeditiously as possible. 4. Learned counsel for the Petitioner at the outset contended Page 2 of 3. that the Petitioner as plaintiff filed a suit for declaration and consequential relief. Along with the suit plaint, the plaintiff filed an application under Order 39 Rule 1 & 2 which was registered as I.A. No.1 of 2021. Learned counsel for the Petitioner at this juncture submitted that the injunction application bearing I.A. No.1 of 2021 has not been disposed of as of now. Learned counsel for the Petitioner cited the eviction drive going on in the Bhubaneswar city, and contended that the matter assumes urgency in view of the said eviction drive and the same is required to be taken up at the earliest. Being aggrieved by such delay in disposal of such application, the Petitioner was constrained to approach this Court by filing the present CMP application. 5. Learned counsel for the State on the other hand contended that the I.A. has been posted tomorrow. He further submitted that since the I.A. is posted tomorrow the application for injunction bearing I.A. No.01 of 2021 can very well be taken up by the learned trial court and no further direction is required from this Court. 6. Considering the submissions made by the learned counsel appearing from both sides, on a careful examination of the background facts, further keeping in view the fact that all the parties in the suit and injunction application have already appeared and the matter is ready for disposal, this Court, while disposing of the present CMP application, directs the learned trial court to expedite the hearing of the I.A. application and Page 3 of 3. make every endeavour to dispose of the same as expeditiously as possible, preferably within a period of four weeks. The parties are directed to cooperate with the learned trial court for an early disposal. 7. With the aforesaid observations and directions, the CMP application stands disposed of. 8. Issue urgent certified copy of this order as per Rules in course of the day. (Aditya Kumar Mohapatra) Judge Rubi