Orissa High Court
Shaktidutta Samal vs Union Of India And Others .... Opp. ... on 9 February, 2024
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 12-Feb-2024 14:42:57
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.2954 OF 2024
Shaktidutta Samal .... Petitioner
Mr. Santosh Kumar Pattanaik, Senior Advocate
being assisted by Mr. P.K. Pttanaik, Advocate
-versus-
Union of India and others .... Opp. Parties
Mr. Prasanna Kumar Parhi, DSGI along
with Mr. B.K. Padhi, CGC
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 09.02.2024
01. 1. This matter is taken up through hybrid mode.
2. Petitioner alleges personal breach of information in this writ petition. The Petitioner had approached this Court earlier in W.P.(C). No.30399 of 2023, which was disposed of as withdrawn on 6th November, 2023 to approach the appropriate authority. It is submitted that the appropriate authority is 'Data Protection Board' to be constituted under Section 18 of the Digital Personal Data Protection Act, 2023. The said Board has not yet been constituted. The power conferred under Section 27 of the Act embraces the grievance of the Petitioner. As civil suit is barred in view of the provision under Section 39 of the Act. Since the Board has not yet been constituted, the Petitioner has become remediless. Hence, finding no other alternative, she has approached this Court.
3. Mr. Parhi, learned DSGI submits that he will take instruction in the matter.
4. Issue notice.
5. Since Mr. Parhi, learned DSGI accepts notice on behalf of Opposite Party Nos.1 and 2, two extra copies of the writ petition shall Page 1 of 2 Signature Not Verified Digitally Signed // 2 // Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 12-Feb-2024 14:42:57 be served on him by 11th February, 2024 to take instruction and file affidavit, if any.
6. Issue notice to Opposite Party Nos.3 to 6 by registered post with AD requisites for which shall be filed by 12th February, 2024.
7. Put up on 4th April, 2024 along with tracking report of the Postal Department.
(K.R. Mohapatra)
Rojalin Judge
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