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State of Odisha Vs Kamala Chhatoi — Writ and Judicial Review | Orissa HC (2021)

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Orissa HC
2021
State of Odisha Vs Kamala ChhatoiState of Odisha v. Kamala Chhatoi

Disposed

State of Odisha v. Kamala Chhatoi

Orissa HC23 Jul 2021WA/535/2021

Case brief

AI extract

What is this about?

The High Court permitted the appellants (State) to file an application before the learned Single Judge to bring to notice an interim order dated 15th July, 2021. The matter was considered via video conferencing, and the writ appeal was disposed of accordingly.

What did the court decide?

Permission granted to file an application before the learned Single Judge enclosing the Division Bench order dated 8th July, 2021 before 26th July, 2021.

What the court decided

AI extract

Outcome

Permission granted to file an application before the learned Single Judge enclosing the Division Bench order dated 8th July, 2021 before 26th July, 2021.

Issue for consideration

Whether the appellants (State) are permitted to file an application before the learned Single Judge seeking directions regarding an order dated 8th July, 2021 passed by the Division Bench.

Detailed headnote1 paragraphs

The Court addressed a grievance by the State regarding an interim order where a prior Division Bench order was not mentioned. It allowed the State to file an application with a copy of the Division Bench order dated 8th July, 2021 to seek directions from the Single Judge. The writ appeal was disposed of in terms of the application process.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W. A. No.535 of 2021

State of Odisha and others

…. Appellants

Mr. D. K. Mohanty, Additional Government Advocate

-versus-

Kamala Chhatoi …. Respondent Mr. A. K. Panda, Advocate

CORAM:

THE CHIEF JUSTICE

JUSTICE B. P. ROUTRAY ORDER 23.07.2021

Order No.

This matter is taken up by video conferencing mode.

The grievance of the Appellants (State) against the impugned interim order dated 15^th July, 2021 of learned Single Judge is that the fact of an order having been passed by the Division Bench (DB) of this Court dated 8^th July, 2021 in a batch of writ petitions on the very issue was not brought to the attention of the learned Single Judge while passing the impugned order.

Considering the limited nature of grievance, the Appellants (State) are permitted to file an application before the learned Single Judge enclosing a copy of the aforementioned order dated 8^th July, 2021 passed by the DB of this Court and seeking appropriate directions on that basis. If such an application is filed not later than 26^th July, 2021,

Page 1 of 2

it shall be listed before the learned Single Judge for directions two days thereafter subject to removal of all defects.

The writ appeal is disposed of in the above terms.

As the 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 25^th March, 2020 as modified by Court’s Notice No.4798, dated 15^th April, 2021.

(Dr. S. Muralidhar)
Chief Justice
(B.P. Routray)
Judge

M. Panda

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the appellants (State) are permitted to file an application before the learned Single Judge seeking directions regarding an order dated 8th July, 2021 passed by the Division Bench.

Parties & counsel

AI extract

appellant
State of Odisha and others
respondent
Kamala Chhatoi

Coram

AI extract

THE CHIEF JUSTICE
B. P. ROUTRAY

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 23 Jul 2021 · July
Registered: 22 Jul 2021
Case no.: WA/535/2021
CNR: ODHC010454002021
Topic: Writ and Judicial Review
Bench: S. Muralidhar CJ B. P. Routray
Disposal: Disposed Off

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Cite this judgement

State of Odisha v. Kamala Chhatoi, WA/535/2021 (OD), decided on 23 July 2021.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

THE CHIEF JUSTICE and B. P. ROUTRAY

Parties & counsel