Allowed

State of Odisha v. Shibashis Kar

Orissa HC19 Mar 2021WP(C)/2863/2021

Case brief

AI extract

What is this about?

In a writ petition filed by the State of Odisha, the respondents prayed for the quashing of an Order dated 29.01.2019 passed by the Orissa Administrative Tribunal and its transfer to the High Court. The Court deemed the quashing prayer infructuous regarding stay orders but allowed the transfer due to the Tribunal's non-functioning.

What did the court decide?

The writ petition is allowed; the Order No. 444 of 2019 passed by the Orissa Administrative Tribunal is transferred to this Court.

State of Odisha Vs Shibashis Kar — Writ and Judicial Review | Orissa HC (2021)

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W.P. (C) No.2863 of 2021

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State of Odisha and others …… Petitioners

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-Vrs-

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Sri Shibashis Kar …… Opp. party

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03 19.03.2021

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This matter is taken up through Hybrid mode. Heard Mr.L.Samanataray, learned Addl. Government Advocate for the petitioners-State and Mr.B.Mohanty, learned counsel for the opp. party No.1.

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In this writ petition, the petitioners have prayed for a direction to the opp. parties to quash or set aside the order dated 29.01.2019 passed in O.A. No.444 of 2019 by the Orissa Administrative Tribunal, Bhubaneswar under Annexure-4. They have also prayed for a direction to transfer the aforesaid case to this Hon’ble Court.

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Bichi

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The first prayer has become infructuous in view of the latest judgment of the Hon’ble Supreme Court that any stay order passed by any Court cannot remain effect beyond six months unless a specific order has been passed by the Tribunal or Court. So, in this case the parties shall follow the direction given by the Hon’ble Supreme Court in the case of Asian Resurfacing of Road Agency Private Ltd. and another v. Central Bureau of Investigation reported in AIR 2018 SC 2039, 2018 (16) SCC 299 and clarification reported in 2020 SCC Online SC 1046. The alternative prayer is to transfer the O.A. No.444 of 2019 passed by the Orissa Administrative Tribunal, Bhubaneswar to this Hon’ble Court.

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Since the Orissa Administrative Tribunal is not

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functioning, it shall be appropriate in the interest of justice that the matter shall be taken up by the Hon’ble High Court.

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Hence, the writ petition is allowed and the O.A. No.444 of 2019 passed by the Orissa Administrative Tribunal, Bhubaneswar is hereby transferred from the Orissa Administrative Tribunal, Bhubaneswar to this Court henceforth and the matter shall be re-numbered as per the Orissa High Court Rules and the same shall be listed before the appropriate assigned Bench.

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The writ petition is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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..………………………. S.K.Mishra, J.

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…..……………………… Savitri Ratho, J.

State of Odisha v. Shibashis Kar

Case brief

What is this about?

What did the court decide?

State of Odisha v. Shibashis Kar

Case brief

What is this about?

What did the court decide?

What the court decided

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