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Orissa High Court

Chittaranjan Mishra vs State Of Odisha & Others .... Opp. ... on 14 September, 2023

Author: M.S. Sahoo

Bench: M.S. Sahoo

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                           WPC(OAC) No. 4163 of 2015

                 Chittaranjan Mishra                ....          Petitioner

                                    None

                                       -versus-
                 State of Odisha & Others           ....        Opp. Parties

                                    Mr. Nikhil Pratap, Addl. Standing
                                    Counsel for Opp. Parties 1 & 2

                                    Mr. D. Lenka, Advocate for O.P.3

                                     CORAM:
                              JUSTICE M.S. SAHOO

                                  ORDER
Order No.                       14.09.2023
                                 Hybrid Mode
    04.     1.      None appears for the petitioner when the matter is

called. When the matter was last taken up on 21.07.2023, it was adjourned due to non-availability of the learned counsel for the petitioner and following order was passed granting opportunity to the petitioner:-

"1. Prayer for adjournment is made on behalf of the learned counsel for the petitioner on the ground of personal difficulty.
2. As prayed for, list on 14.09.2023."

Earlier on 12.07.2023, none had appeared for the petitioner and the following order was passed:-

"1. When the matter was last taken up on 14.07.2022 after hearing the learned counsel for the petitioner, learned Additional Standing Counsel for the State as well as the learned counsel for opposite party no.3, the following order was passed:
"1. This matter is taken up through hybrid mode.
RJ 2. The writ petition has been registered before this Court on 23.12.2021 after the Original Application was transferred upon abolition of the learned Odisha // 2 // Administrative Tribunal, Cuttack Bench, Cuttack.
3. On perusal of the available order sheets of the learned Tribunal it is indicated that the notices were issued on 10.2.2016. Thereafter till 24.1.2016 the matter was taken up on five occasions, however, after 24.1.2018, the matter was not taken up/pursued.
4. Counter by the O.P. No.3 dated 5.10.2016 filed on 31.10.2016 is available on record. Copy of the said counter has been served on the learned counsel for the petitioner in Court. Counter dated

2.2.2017 filed by OPs.1 & 2 is also served today on the learned counsel for the petitioner.

5. Learned counsel for petitioner seeks further time to obtain up-to- date instruction from the petitioner and file rejoinder, if so advised.

6. As prayed for, list on 6.9.2022."

2. None appears for the petitioner when the matter is called.

3. To grant another opportunity to the petitioner, list on 21.07.2023."

2. Apparently, the petitioner has lost interest in prosecuting the matter

3. Having heard learned counsel for the opposite parties, the writ petition is disposed of granting liberty to the petitioner to revive the petition within sixty days for any surviving cause of action.

(M.S. Sahoo) Judge Signature Not Verified Digitally Signed Signed by: RADHARANI JENA Designation: Senior Steno Reason: Authentication Location: ohc Date: 18-Sep-2023 16:38:03 Page 2 of 2