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Orissa High CourtWP(C)/4210/2014disposed off

Mahendranath Sarangi v. State And ORS.

2022-04-08Dr. Justice B.R.Sarangi,Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 4210 of 2014 Mahendranath Sarangi .....

Petitioner Mr. S. Mallick, Adv.

Vs.

State of Orissa and others .....

Opposite Parties Mr. A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

08.04.2022 Order No.

04.

This matter is taken up through hybrid mode.

2.

The petitioner, who was not a party before the tribunal, has filed this writ petition assailing the order dated 03.04.2012 passed by the Odisha Administrative Tribunal in O.A. No.639 of 2009, whereby benefit has been extended to the opposite party no.3, who was the applicant in the said original application. 3.

Though the order impugned was passed on 03.04.2012, but this writ petition was filed only on 03.03.2014 that too by a person, who was not a party before the tribunal and, as such, by the time he approached this Court, he was 57 years of age. In the meantime, he has retired from service on attaining the age of superannuation and, as such, till date no steps have been taken for issuance of notice to the opposite parties.

4.

In the above view of the matter, this Court is not inclined to entertain this writ petition, as the same suffers from delay and laches, in view of the judgment/order of this Court in the case of State of Odisha v. Surama Manjari Das (W.P.(C) No. 15763 of

2021 dismissed on 16.07.2021).

6.

Accordingly, the writ petition merits no consideration and the same is hereby dismissed.

Ashok/Puspa (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE