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2026 DAILYLAW 9173 (ORI)

BHUBAN BIHARI MOHANTY v. STATE OF ODISHA

WP(C)/5433/2026 · 2026-02-23

S K Panigrahi

Writ Petition (Civil)body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5433 of 2026 Bhuban Bihari Mohanty …. Petitioner(s) Mr. Jugala Kishore Panda, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Mr. Udit Ranjan Jena, AGA CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 23.02.2026 02. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner has challenged the order dated 29.01.2026 passed in UAP No.52 of 2023. 3. Heard learned counsel for the Parties. 4. Challenging the impugned order dated 29.01.2026, learned counsel for the Petitioner submits that the impugned order dated 29.01.2026 passed in the above noted UAP Case has been passed without affording adequate opportunity of hearing to the Petitioners. 5. At this juncture, learned counsel for the State submits that there is a clear statutory remedy of appeal available under the O.D.A Act, 1982 against the impugned order dated 29.01.2026. Hence, the Petitioner should approach the Appellate Authority. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Feb-2026 18:38:43 Signature Not Verified p. 2 6. In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, considering the request of learned counsel for the Petitioner, this Court permits the Petitioner to file an appeal along with a petition for condonation of delay, if any, so also a petition for interim protection before the concerned Appellate Authority as per the provision under the O.D.A Act, within a period of fifteen working days hence. In such event, the Appellate Authority shall condone the delay liberally and conclude the hearing after providing adequate opportunity of hearing to the parties concerned within a period of three months from the date of filing of the appeal. 7. It is further directed that the application to be filed by the Petitioner for interim protection shall be considered and disposed of by the Appellate Authority in accordance with law as expeditiously as possible. 8. This Writ Petition is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant