Orissa High Court
Sarada Prasad Mishra vs State Of Odisha & Ors. .... Opposite ... on 22 July, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20472 of 2021
Sarada Prasad Mishra .... Petitioner
Mr. D.K. Mohapatra,
Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. D. Mohapatra,
Standing Counsel for
the S & M.E Deptt.
CORAM:
JUSTICE BISWANATH RATH
ORDER
22.07.2021 Order No.
02. 1. This matter is taken up by video conferencing mode.
2. The writ petition involves a challenge to the impugned order dated 13.04.2021 at Annexure-3. Entertaining a previous writ petition, this Court issuing notice in clear term indicated regarding the authority under which restriction clause has imposed in the impugned order.
3. Mr. D.Mohapatra, learned Standing Counsel for the School and Mass Education department makes a statement before this Court that after issuance of notice in the earlier writ application, the department on reconsideration of the issue involved has been pleased to take out the condition attached therein, thereby withdrawing the letter dated 13.04.2021. Therefore, there is no existence of letter dated 13.04.2021 under Annexure-3.
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4. Now considering the limited prayer to consider the case of the petitioner in the light of the judgment in O.A.No.1668 of 2017 confirmed in W.P.(C) No.6698 of 2020 and further confirmed in SLP(C) No.15573 of 2020, the writ petition stands disposed of directing the competent authority to dispose of the case of the petitioner applying the decision in O.A.No.1668 of 2017 confirmed in W.P.(C) No.6698 of 2020 and also confirmed in SLP(C) No.15573 of 2020, by undertaking the entire exercise within a period of two months from the date of communication of a copy of this order by the Petitioner.
5. Petitioner is directed to serve an extra copy of the brief on Mr.D.Mohapatra, learned Standing Counsel for School & Mass Education Department for communication purpose.
6. As 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.
(Biswanath Rath) Judge Ayas Kanta Jena Page 2 of 2