M/S.Acc Ltd. v. State And ORS.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 7975 of 2011 M/s. ACC Ltd.

....

Petitioner Mr. Sidhartha Ray, Advocate -versusState of Orissa and others ....

Opposite Parties Mr. Sunil Mishra, Additional Standing Counsel

CORAM:

THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER

02.11.2022 Misc. Case No. 5142 of 2011 16.

1. For the reasons stated, filing of the certified copy of Annexure-3 to the writ petition is dispensed with. The Misc. Case stands disposed of.

W.P.(C) No.7975 of 2011

2. During the course of hearing, learned counsel for the Petitioner seeks permission to withdraw the writ petition with liberty to the Petitioner to move the appellate authority by filing appeal.

3. In view of such submission, it is directed that the writ petition is allowed to be withdrawn with liberty to the Petitioner to move the appellate authority against the order impugned therein. If the Petitioner moves the appellate authority by filing appeal along with an application for condonation of delay within a period of four weeks from today, the appellate authority shall take into consideration all

the contentions raised by the Petitioner and decide the same on merit within a period of eight weeks from the date of his appearance. The Petitioner shall appear before the appellate authority on 10th December, 2022. While considering the prayer for condonation of delay, the appellate authority shall also take into consideration the period of pendency of this writ petition, i.e. from 28th March, 2011 till today.

4. The original documents filed by the Petitioner may be returned after substituting attested photo copies thereof.

5. The writ petition is disposed of in the above terms.

6. Urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (M.S. Raman) Judge S. Behera