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Orissa High CourtWP(C)/10262/2010disposed off

Niranjan Mishra v. State.

2022-12-19Mr. Justice Biswanath Rath1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.10262 OF 2010 Niranjan Mishra ....

Petitioner(s) Mr.D.Shit,Adv.

-versusState of Orissa and others ....

Opposite Party(s) Mr.U.K.Sahoo,ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

19.12.2022 04.

1.

Heard learned counsel for the Parties.

2.

For the remand of the proceeding through the impugned order and for the opinion of this Court the proceeding is open remand enabling the parties in contest to have their own case for fresh adjudication of the matter, there is no prejudice to either party involved herein.

3.

Considering the rival contentions of the parties and as this Court finds, the order vide Annexure-4 is not in proper involvement of the parties, this Court finds the proceeding should be remanded for fresh disposal. As a consequence this Court sets aside the order at Annexure-4 and remits the matter back to the competent authority for re-disposal of the proceeding involved therein but however, providing opportunity to the Petitioner.

(Biswanath Rath) Judge Swarna