Dismissed

State of Odisha v. Narmada Das

Orissa HC1 Feb 2024WA/9/2024

Case brief

AI extract

What is this about?

The court disposed of an interim application condoning a 28-day delay in filing a writ appeal. In the main appeal, the court dismissed the appeal filed by the State challenging a single judge order that remanded a matter to the authorities, holding it not maintainable and setting aside the order to allow authorities to pass a final decision.

What did the court decide?

The writ appeal stands dismissed; the order of the Single Judge confirming the matter to the authority is confirmed.

State of Odisha Vs Narmada Das — Writ and Judicial Review | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.A. No. 9 of 2024

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State of Odisha and another ….. Appellants Mr. R.N. Mishra, AGA Vs. Narmada Das and others ….. Respondents Mr. S.K. Das, Adv. [Caveator] Mr. S.D. Routray, Sr. Adv. along with Mr. S.D. Routray, Adv. [Respondent Nos.2 to 8]

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CORAM:

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ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN

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ORDER 01.02.2024

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I.A. No. 51 of 2024

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Order No. This matter is taken up by hybrid mode.

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01.

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Heard learned counsel for the parties.

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This application has been filed by the appellants seeking condonation of delay of 28 days in preferring the appeal.

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Considering the grounds taken in the application and after hearing the parties, the delay of 28 days in filing the writ appeal is condoned.

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I.A. stands disposed of. (DR. B.R. SARANGI) ACTING CHIEF JUSTICE (M.S. RAMAN) JUDGE

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W.A. No. 9 of 2024

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Order No. This matter is taken up by hybrid mode.

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02.

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Heard Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-appellants; Mr. S.K. Das, learned counsel appearing for the caveator; and Mr. B. Routray, learned Senior Counsel appearing along with Mr. S.D. Routray, learned counsel for respondent nos.2 to 8.

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Page 1 of 2

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This writ appeal has been filed by the State-appellants challenging the order dated 07.11.2023 passed in W.P.(C) No. 36009 of 2023, by which the learned Single Judge directed the appellants to consider the case of the private respondents and take a final decision within two weeks and the decision shall be communicated to the respondents within a week thereafter. As such, this Court further directed that any appointment made in the meantime shall be subject to the decision to be taken by the opposite parties no.1 and 3 to the writ petition, as directed hereinabove.

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As it appears, the State authorities have filed this writ appeal challenging the order dated 07.11.2023 passed by the learned Single Judge as a matter of routine, as if any order passed by the learned Single Judge is amenable to writ appeal. But that is not the purpose for which the fora have been made available under the Letters Patent and the Odisha High Court Order, 1948. In any case, looking at the order passed by the learned Single Judge it is made clear that there is no decision, save and except remanding the matter to the authority to pass appropriate order. But the State authorities have challenged the same by way of this writ appeal. Therefore, this Court is not inclined to entertain this writ appeal and confirms the order passed by the learned Single Judge, so that the authorities can apply their mind and pass appropriate order in accordance with law.

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Accordingly, the writ appeal stands dismissed.

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(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

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Ashok

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Signature Not Verified

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Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 02-Feb-2024 13:46:16

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(M.S. RAMAN) JUDGE

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Page 2 of 2

State of Odisha v. Narmada Das

Case brief

What is this about?

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State of Odisha v. Narmada Das

Case brief

What is this about?

What did the court decide?

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