Sudhansu Digal Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Sudhansu Digal Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to file an appeal under Section 12(1) of the O.P.L.E. Act before the concerned Appellate Authority within two weeks, together with a petition for condonation of delay (if any) and a petition for interim protection; the Appellate Authority is directed to conclude the hearing within three months from the date of filing of the appeal.

Issue for consideration

Whether this Court should entertain the writ petition seeking disposal of the Petitioner's representations dated 02.01.2026 and 03.01.2026 and issuance of ROR, in view of the statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act available against the impugned notice under Annexure-2.

Court's answer

The Court declined to entertain the prayer made in the writ petition because a clear statutory remedy of appeal is available under Section 12(1) of the O.P.L.E. Act against the impugned notice under Annexure-2, and the Petitioner should approach the Appellate Authority.

Ratio / Principle

Considering the request of the learned counsel for the Petitioner, the Court permitted the Petitioner to file an appeal before the concerned Appellate Authority as per Section 12(1) of the O.P.L.E. Act, along with a petition for condonation of delay, if any, and a petition for interim protection, within two weeks; the Appellate Authority shall conclude the hearing within three months from the date of filing of the appeal.

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No. 6537 of 2026) by Sudhansu Digal before the High Court of Orissa at Cuttack (Dr. Justice Sanjeeb K Panigrahi), disposed of on 24.07.2026. The Petitioner sought disposal of his representations dated 02.01.2026 and 03.01.2026, issuance of ROR in his favour, and a call for LCR. Counsel for the State submitted that a clear statutory remedy of appeal under Section 12(1) of the O.P.L.E. Act exists against the impugned notice under Annexure-2. Declining to entertain the prayer, the Court permitted the Petitioner to file an appeal before the concerned Appellate Authority within two weeks, along with petitions for condonation of delay (if any) and interim protection, and directed the Appellate Authority to conclude the hearing within three months from the date of filing of the appeal.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 6537 of 2026

Sudhansu Digal

..…... Petitioner (s) Mr. Dipti Ranjan Swain, Adv.

..…...

-Versus-

State of Odisha & Ors.

……. Opposite Party (s) Mr. Rajdeep Pradhan, ASC

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

24.07.2026

Order No.

This matter is taken up through hybrid arrangement.

Heard learned counsel for the parties.

The present Writ Petition has been filed by the Petitioner with the

following prayer:

“It is therefore prayed that this Hon’ble Court may graciously be pleaded to

i) Admit the writ application;

ii) Call for LCR

iii) Issue a Rule NISI to the Opp. Parties to file show cause as to why the representation dated 02.01.2026 and 03.01.2026 shall not be disposed of and ROR shall not be issued in his favour.

And this Hon’ble Court may issues any writ/writs, order/orders and direction/directions which may deem fit and proper in the ends of justice. “

Signature Not Verified

During the course of hearing, learned counsel for the State submits that there is a clear statutory remedy of appeal available under Section 12(1) of the O.P.L.E. Act against the impugned

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 24-Jul-2026 16:50:49

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notice under Annexure-2. Hence, the Petitioner should approach the Appellate Authority.

In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, considering the request of the learned counsel for the Petitioner, this Court permits the Petitioner to file an appeal along with a petition for condonation of delay, if any, so also a petition for interim protection before the concerned Appellate Authority as per Section 12(1) of the O.P.L.E. Act, within a period of two weeks hence. In such event, the Appellate Authority shall conclude the hearing within a period of three months from the date of filing of the appeal.

This Writ Petition is, accordingly, disposed of.

( Dr. Sanjeeb K Panigrahi) Judge

Murmu

Signature Not Verified

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 24-Jul-2026 16:50:49

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