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Orissa High CourtWP(C)/9702/2014disposed off

Sisir Kant Nayak v. Union Of India

2022-03-10Dr. Justice B.R.Sarangi,Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 9702 of 2014 Sisir Kant Nayak .....

Petitioner Mr. S. Mohanty, Adv.

Vs.

Union of India & Ors.

.....

Opposite parties Mr. B. Dash, Adv.

(for O.P. Nos.1 to 4)

CORAM:

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

ORDER

18.04.2022 I.A. No. 4764 of 2022 Order No.

27.

This matter is taken up through hybrid mode.

2.

This application has been filed by the petitioner for recalling the order dated 10.03.2022.

3.

Heard Mr. Acharya on behalf of Mr. S. Mohanty, learned counsel for the petitioner and Mr. B. Dash, learned counsel for the opposite party nos.1 to 4.

4.

This application has been filed by the petitioner annexing certain documents vide Annexure-15 to Annexure-20. Mr. Acharya, learned counsel for the petitioner fairly stated that those documents were not formed part of the record by the time this writ petition was disposed of by this Court vide order dated 10.03.2022.

5.

Mr. B. Dash, learned counsel for opposite party nos.1 to 4 also admits that the documents vide Annexure-15 to Annexure-20, as relied upon by the petitioner in this I.A. were not formed part of W.P.(C) No.9702 of 2014. It is also contended that W.P.(C) No.9702 of 2014 was disposed of in terms of the order dated

29.09.2015 passed by this Court in W.P.(C) No. 12140 of 2014. As such, the order of the Central Administrative Tribunal was challenged by the petitioner before this Court by filing W.P.(C) No. 12140 of 2014 and the question, so raised in W.P.(C) No.9702 of 2014, was settled by this Court in the said writ petition. Therefore, this Court is well justified in passing the order dated 10.03.2022 in W.P.(C) No.9702 of 2014.

6.

Having heard learned counsel for the petitioner and after going through the records, it appears that the petitioner has filed this writ petition for recalling the order 10.03.2022 and to pass fresh order by incorporating certain documents, which were not formed part of the record, when the matter was disposed of. Since W.P.(C) No.9702 of 2014 has been disposed of in terms of the order dated 29.09.2015 passed by this Court in W.P.(C) No. 12140 of 2014, this Court is not inclined to recall the order dated 10.03.2022.

7.

Accordingly, I.A. is dismissed.

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