State Of Odisha v. Saroj Kanta Roy

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No. 2 of 2022 State of Odisha and others .... Appellants Mr. M.K. Khuntia, AGA -versusSaroj Kanta Roy ....

Respondent Mr. Saswat Das, Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

29.08.2022 03.

1. It is claimed from the impugned order of the learned Single Judge that the W.P.(C) No.25742 of 2021 was disposed of on the very first day of the hearing without any opportunity to the Appellants State to file reply to the writ petition which was based on factual averments and which required to be answered by the State.

2. This fact is unable to be disputed by the learned counsel for the Respondent.

3. On that short ground, the impugned order of the learned Single Judge is hereby set aside and the W.P.(C) No.25742 of 2021 is restored to the file of learned Single Judge and will be listed before the roster Bench of the learned Single Judge on 1st November, 2022. At least one week prior to the said date, the State shall file its para-wise reply to the writ petition with an

// 2 // advance copy to the learned counsel for the writ petitioner, i.e. the Respondent herein who should file his rejoinder, if any, thereto by that date. Both parties are directed to remain present before the learned Single Judge on that date and extend their cooperation in enabling the learned Single Judge to dispose of the writ petition on merits as expeditiously as possible.

4. The writ appeal is disposed of in the above terms. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge KC Bisoi