Quashed¶17

Ashok Ku.Mallick v. State and Ors.

Orissa HC2 Dec 2024WP(C)/3254/2014

Case brief

AI extract

What is this about?

Odisha High Court Cuttack; W.P.(C) No.3254 of 2014; Ashok Kumar Mallick v. State of Odisha; order dated 24.05.2013 in FCC No.11 of 2012 (Annexure-5) quashed; cousin brother's claim in FCC No.5 of 2018; RDC (S.D.) Berhampur letter dated 26.11.2024; reliance on W.P.(C) No.25864 of 2013 dated 27.11.2024; remand to O.P. No.3 for fresh disposal; Rule-7 of the 2023 Rules; appearance on 13.12.2024; Biraja Prasanna Satapathy, J.; decision date 02.12.2024.

What did the court decide?

Impugned order dated 24.05.2013 (Annexure-5) quashed; matter remitted to O.P. No.3 for fresh disposal in the light of Rule-7 of the 2023 Rules; petitioner directed to appear before O.P. No.3 along with a copy of the order on 13.12.2024. ¶17

Ashok Ku.Mallick Vs State and Ors. — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.3254 of 2014

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Ashok Kumar Mallick

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…. Petitioner

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Mr. S.K. Mishra, Advocate

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-versus-

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State of Odisha and Others

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…. Opposite Parties Mr. C.K. Pradhan, AGA

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

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ORDER

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02.12.2024

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Order No. 17. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard Mr. S.K. Mishra, learned counsel for the petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate for the State.

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3. Pursuant to the order passed by this Court, learned Addl. Govt. Advocate produced the instruction so provided by the RDC (S.D.), Berhampur vide letter dated 26.11.2024. Basing on the instruction, it is contended that since the claim of the cousin brother of the petitioner in FCC No.5 of 2018 is different from that of the claim of the petitioner so decided in FCC No.11 of 2012 vide order dated 24.05.2013 under Annexure-5, no illegality or irregularity can be found.

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// 2 //

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4. However, learned counsel for the petitioner placing reliance on the decision passed by this Court in W.P.(C) No.25864 of 2013 dated 27.11.2024, contended that in view of the said decision, the impugned order is not sustainable in the eye of law.

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5. Having heard learned counsel for the parties and considering the submissions made, this Court is inclined to quash order dated 24.05.2013 under Annexure-5 and quash the same accordingly. This Court remits the matter to O.P. No.3 for fresh disposal of the matter in the light of Rule-7 of the 2023 Rules. Petitioner is directed to appear before O.P. No.3 along with a copy of this order on 13.12.2024.

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6. The Writ Petition accordingly stands disposed of.

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(Biraja Prasanna Satapathy) Judge

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Basudev

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Signature Not Verified

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Digitally Signed Signed by: BASUDEV SWAIN Designation: SR. STENO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Dec-2024 11:25:31

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Ashok Ku.Mallick v. State and Ors.

Case brief

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Ashok Ku.Mallick v. State and Ors.

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