The High Court quashed the lower authority's order rejecting the petitioner's claim on grounds of pendency of a Writ Appeal that was subsequently disposed of. The matter is remitted for a fresh decision within two months.
Impugned order of 23.11.2022 quashed; matter remitted for fresh decision within two months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14136 of 2023
Gitanjali Mohanty
Petitioner
Mr. D.N. Rath, Advocate
-versus-
State of Odisha and Others
Opposite Parties Mr. S. Jena, AGA
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
18.12.2023
Order No.
06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. Petitioner has filed the present Writ Petition inter alia challenging the order dated 23.11.2022, so passed by the Opposite Party No.1 under Annexure-5.
4. It is the contention of the learned counsel for the petitioner that because of the pendency of the W.A. No.810 of 2021, the prayer of the petitioner was rejected. It is however contended that in the meantime W.A. No.810 of 2021 has been disposed of by this Court vide order dated 25.09.2023. Since the petitioner’s claim was rejected only on the ground that W.A. No.810 of 2021 is pending, this Court taking into account the fact that the Writ Appeal has been disposed in the meantime vide order dated 25.09.2023
// 2 //
is inclined to quash the order dated 23.11.2022, so passed by the Opp. Party No.1 under Annexure-5. While quashing the same, this Court remits the matter to take a fresh decision as directed by this Court in its order dated 23.11.2022 in W.P.(C) No.29439 of 2022. Such a fresh decision shall be taken within a period of 2(two) months from the date of receipt of this order.
5. The Writ Petition is disposed of.
Subrat
(Biraja Prasanna Satapathy)
Judge
Signature Not Verified
Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 19-Dec-2023 10:52:43
Page 2 of 2
1 issue framed by the court
Whether to quash the order dated 23.11.2022 which rejected the petitioner's claim due to the pendency of a Writ Appeal which has since been disposed of.
1 provisions across 1 enactments
Gitanjali Mohanty
State of Odisha
Sudarshan Pati
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
