State Of Odisha v. Dr.Jyotsana Mayee Maharaj

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.233 of 2021 State of Odisha and another ....

Appellants Mr. M.K. Khuntia, A.G.A.

-versusDr. Jyostnamayee Maharaj ....

Respondent None

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

17.10.2022 I.A. No.643 of 2021 05.

1. For the reasons stated, the delay of 8 days in filing the appeal is condoned. The application is allowed.

W.A. No.233 of 2021

2. Despite valid service of notice, none appears for the Respondent.

3. It is seen that the impugned order has been passed on the very first day by the learned Single without any opportunity to the present Appellant to file a reply.

4. On that short ground, the impugned order dated 6th February 2020 is hereby set aside and W.P.(C) No.2991 of 2020 is restored to the file of the learned Single Judge to be proceeded with in accordance with law. The said writ petition will now be listed before the learned Single Judge in the roster Bench on 9th January, 2023. Further, it is directed that by 30th January 2023, the present Appellant will file its para-wise reply to the writ petition and the

writ Petitioner will file a rejoinder thereto before 9th February, 2023. No further time will be granted for that purpose. The learned Single Judge is requested to dispose of the writ petition as expeditiously as possible, preferably within a period of six months thereafter.

5. The writ appeal is disposed of in the above terms. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge M. Panda