Court held writ petition premature due to pending representation before competent authority. Directed respondent to decide plea within two months.
Direction to respondent to decide plea within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) NO. 8811 OF 2020
Heard Sri S.K.Nayak, learned counsel for the petitioner.
The writ petition involves the following prayer :-
“Petitioner therefore prays that this Hon’ble Court be kind and gracious enough to admit the writ petition, issue notices to Opp.Parteis & especially Opp.Party No.2 to file show cause as to why final gradation list prepared for Sub-Assistant Registrar of Co-operative Societies as on 31.10.2019 published on 11.2.2020 at Annexure-5 of the writ petition be not quashed as the same is not as per the provision provided under Rule 13 as well as Rule 13 (b) of the amended Rules 2011 and if the Opp.Parties especially Opp.Part No.2 fails to file show cause or insufficient causes, then this Hon’ble Court after hearing the counsel for parties be pleased to issue a writ in nature of mandamus and quash the final gradation list meant for SubAssistant Registrar of Cooperative Societies as on 31.10.2019 publish on 11.2.2020 at Annexure-5 of the writ petition and direct Opp.Party No.2 to prepare final gradation list of Sub-Assistant Registrar, Cooperative Societies as per the provision provided Rule 13 and amended Rule 13(b_ of 2011 of Orissa Sub Assistant Registrar of Cooperative Societies Service Rules, 1992 or pass any other order or orders as this Hon’ble Court deem fit and proper.”
On the selfsame issues, it appears, the petitioner has already made a representation to O.P.2, vide Annexure-7 claiming to be pending as of now. For pendency of same request before the competent authority, this Court finds, the writ petition becomes premature at the point of time. However, in disposal of the writ petition as not entertainable at this stage, this Court directs O.P.2 to take lawful decision
m
2
on Annexure-7 by taking into consideration the plea taken in the writ petition within a period of two months from the date of communication of this order by the petitioner.
The petitioner may utilise the soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notification No.4587 dated 25.3.2020.
…………………………
Biswanath Rath, J.
Petitioner
Opp.Party No.2
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
