State Of Odisha And Another vs Miss Saraswati Mohapatra And on 16 July, 2021

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Orissa High Court

State Of Odisha And Another vs Miss Saraswati Mohapatra And on 16 July, 2021

Bench: S.K. Panigrahi

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.A. No.158 of 2020
               State of Odisha and another            ....         Appellants
                                                      Mr.M.K. Khuntia, AGA
                                        -versus-
               Miss Saraswati Mohapatra and       ....          Respondents
               another
                             Mr. B. Parida , Advocate for Respondent No.1
                         Mr. Budhiram Das, Advocate for Respondent No.2
                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE S.K. PANIGRAHI
                                       ORDER

Order No. 16.07.2021 I.A. No.899 of 2021

06. 1. This matter is taken up through video conferencing mode.

2. Tracking report shows that service of Respondent No.1 is complete.

3. For the reasons stated in the present application, the delay in filing the writ appeal is condoned.

4. The I.A. is allowed.

W.A. No.158 of 2020

5. It is seen that the impugned order has been passed on the very first day of listing of the writ petition by the learned Single Judge without an opportunity to the present Appellants to file a response on merits to the writ petition and to point out whether the facts concerning Respondent No.1 were identical to the Page 1 of 2 Petitioner in Sarat Chandra Parida v. State of Odisha, 2015 (II) ILR CUT-94.

6. On that short ground, the impugned order is set aside and the matter is restored to file of the learned Single Judge to be listed for hearing on 13th September, 2021 by which date the Appellants will keep ready and file their counter affidavits/parawise reply before the learned Single Judge without seeking any adjournment for that purpose. Time is granted to Respondent No.1, i.e. the writ Petitioner to file the rejoinder not beyond 20th September, 2021. Thereafter the learned Single Judge will endeavour to dispose of the writ petition within a period of three months thereafter.

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

8. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.

(Dr. S. Muralidhar) Chief Justice (S.K. Panigrahi) Judge KC Bisoi Page 2 of 2

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