Disposed

Sukanti Mohanty v. State of Orissa

Orissa HC9 May 2018WP(C)/25927/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition praying for direction to the respondent to comply with prior tribunal orders. The Court directed the opposite party to adhere to the directions of the judgment dated 22.07.2011 reiterated in an execution case, within four months.

What did the court decide?

Direction to the opposite party no. 1 to comply with the directions given in the judgment dated 22.07.2011 and order dated 17.10.2016 within four months.

Sukanti Mohanty Vs State of Orissa — Specific Performance | Orissa HC (2018)

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W.P.(C) NO. 25927 OF 2017

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09.05.2018 This writ application has been filed with the prayer for a direction to the opposite party no. 1 for carrying out the order passed by the learned Education Tribunal in Execution Case No. 270 of 2012 pursuant to the judgment passed in G.I.A. Case No. 281 of 2009.

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Learned counsel for the petitioner submits that the G.I.A. Case having been disposed of on 22.07.2011 granting reliefs to the petitioner, she filed the execution case in the year 2012, as the directions contained in the judgment passed in the GIA case were not complied with. He further submits that by order dated 17.10.2016 in Execution Case No. 270 of 2012; the learned Tribunal again directed the opposite party no. 1 and 2 to comply with those directions. It is further submitted that even though by now there has been lapse of one and half year since the order as aforesaid, the opposite parties have been sitting silent over the matter. He therefore, submits that the petitioner being thus deprived of enjoying the fruit of the decree, has no other alternative but to approach this Court by filing this application.

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Learned Additional Standing Counsel for the School and Mass Education Department fairly submits that if the orders in question have attained finality, those stand for being complied with in letter and spirit

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Considering the submission made and on going through the petition averments, as also the judgment passed in GIA Case No. 281 of 2009 and the order passed in Execution Case No. 270 of 2012, the writ application is

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= 2 =

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disposed of with a direction to the opposite party no. 1 to comply the directions given in the judgment dated 22.07.2011 in GIA Case No. 281 of 2009 which have been subsequently reiterated under order dated 17.10.2016 passed in Execution Case No. 270 of 2012, within a period of four months from the date of production of certified copy of this order, if there stands no such legal impediment.

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Issue urgent certified copy as per rules.

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…………………….. D. Dash, J.

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Narayan

Sukanti Mohanty v. State of Orissa

Case brief

What is this about?

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Sukanti Mohanty v. State of Orissa

Case brief

What is this about?

What did the court decide?

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