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Orissa High Court

State Of Odisha And Another vs Prabhat Kumar Nayak And Another on 6 December, 2021

Author: A.K. Mohapatra

Bench: A.K. Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.A No.934 of 2021

            State of Odisha and another                   ....          Appellants
                                                            Mr. S.N. Das, A.S.C.
                                          -versus-
            Prabhat Kumar Nayak and another               ....        Respondents
                                                     Mr. Atul Tripathy, Advocate

                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE A.K. MOHAPATRA


                                         ORDER
Order No.                               06.12.2021

             I.A. No.2269 of 2021

01. 1. The matter is taken up by a separate notice.

2. For the reasons stated, the delay in filing the appeal is condoned.

3. The I.A. is allowed.

W.A. No.934 of 2021

1. The present writ appeal is stated to be similar to W.A. No. 298 of 2021 (State of Odisha v. Patitapaban Dutta Dash) which was disposed of by this Court by order dated 17th June, 2021.

2. Accordingly, with the consent of learned counsel for the parties, the following directions are issued:

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(i) The impugned order dated 28th August, 2020 passed by the learned Single Judge is set aside and the writ petition i.e. W.P.(C) No.21231of 2020 is restored to the file.
(ii) The said writ petition be listed on 14th December, 2021 before the learned Single Judge.
(iii) Learned Single Judge is requested to ensure that the pleadings are completed in a time bound manner and dispose of the writ petition on merits not later than 14th February, 2022.
(iv) Till disposal of the writ petition, the status quo as to the services of the Respondents shall be maintained.

3. The writ appeal is disposed of in the above terms.

4. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice ( A.K. Mohapatra) Judge S.K. Guin Page 2 of 2