Allowed

State of Odisha v. Dr. Malaya Kumar Pradhan

Orissa HC29 Aug 2022WA/1002/2021

Case brief

AI extract

What is this about?

The High Court set aside an order passed by the Single Judge on the first hearing date, which denied the appellants an opportunity to file a reply to the writ petition before issuing directions. The appeal is disposed of; the writ petition is restored for listing.

What did the court decide?

Impugned order set aside; W.P.(C) No.33216 of 2021 restored to Single Judge; parties directed to file replies/rejoinders and be present for remand hearing.

State of Odisha Vs Dr. Malaya Kumar Pradhan — Civil Procedure and Limitation | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.A. No.1002 of 2021

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State of Odisha and another …. Appellants Mr. M.K. Khuntia, AGA

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-versus-

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…. Dr. Malay Kumar Pradhan Respondent Mr. A.K. Biswal, Advocate

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CORAM: THE CHIEF JUSTICE

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JUSTICE CHITTARANJAN DASH

ORDER

Order No.

29.08.2022

There is no dispute that the impugned order was passed by the learned Single Judge at the very first date of hearing without any opportunity to the present Petitioner to file a response to the writ petition which had factual averments which required to be dealt with by the State against whom the directions have been issued by the learned Single Judge. This is unable to be disputed by the learned counsel appearing for the Respondent since it is obvious from the impugned order that it was passed on the very first date of hearing.

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Learned counsel for the Respondent argues that the impugned order records the fact that both counsel were ‘heard’. However, the fact remains that there was no opportunity granted to the Appellants to file a reply to the writ petition which was essential considering that this was the first stage of the litigation.

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On this short ground, the impugned order of the learned Single Judge is hereby set aside and the W.P.(C) No.33216 of 2021 is

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restored to the file of learned Single Judge and will be listed before the roster Bench of the learned Single Judge for directions on 12^th October, 2022. Not later than one week prior to that date, the State should file its para-wise reply to the writ petition with an advance copy to the writ petitioner who should file his rejoinder thereto, if any, by that date. Both parties are directed to remain present through counsel before the learned Single Judge on that date and co-operate with the learned Single Judge in enabling an expeditious disposal of the writ petition on merits.

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4. The writ appeal is disposed of in the above terms.

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(Dr. S. Muralidhar)
Chief Justice
(Chittaranjan Dash)
Judge

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KC Bisoi

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State of Odisha v. Dr. Malaya Kumar Pradhan

Case brief

What is this about?

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State of Odisha v. Dr. Malaya Kumar Pradhan

Case brief

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