Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6684 of 2026
Biswaraj Mohanty …. Petitioner
Mr. S.K. Mishra, Sr. Advocate along with Mr. S.R. Behera, Advocate
-versus- State of Odisha & others
…. Opp. Parties
Mr. D.N. Lenka, AGA (for O.Ps.)
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
ORDER 12.03.2026 (Hybrid Mode)
01.
1. The matter was listed yesterday, was heard at some length and was adjourned to enable the learned instructing counsel to obtain instruction to apprise the Court.
2. It is submitted by the learned Sr. Advocate for the petitioner that the petitioner in the pending proceeding under the OPDR Act OPDR TMC Case No.01/2025 has filed application U/s.8 of the OPDR Act which is pending adjudication before the appropriate authority. The learned Sr. Advocate also refers to the Section 9 of the OPDR Act, 1962 which provides for hearing and of
such petition which includes the power to confirm, set aside, modify, or vary the certificate.
3. In accordance with the instruction received by the learned instructing counsel Mr. Behera, who is conducting the matter before the authority, he files memo of date indicating that the petition in terms of Section 8 denying the liability which is pending adjudication.
The memo is taken on record. Scanned copy be updated. Copy of the memo is also served on the learned Additional Government Advocate.
4. In view of the above, no useful purpose would be served in keeping the matter pending when in the OPDR proceeding the matter is to be considered by the appropriate authority U/s.9 read with Section 8 of the Act.
5. Accordingly, the writ application is disposed of directing that the authority shall consider the petition filed by the ‘certificate debtor’ denying the liability in terms of Section 9 read with Section 8 and take a decision in accordance with law as expeditiously.
If there has been any delay in filing the application U/s.8 the same is condoned. The adjudicating authority shall not detain itself on the ground of delay in filing of application.
(Mruganka Sekhar Sahoo) Judge Radha