Basudev Rath v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P(C) No. 17271 of 2010 Basudev Rath and others ....

Petitioners Mr. P.R. Chhatoi, Advocate -versusUnion of India and others ....

Opposite Parties Mr. P.K. Parhi, ASG Ms. Sahoo, CGC CORAM: JUSTICE V. NARASINGH

ORDER

08.09.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. Chhatoi learned counsel for the petitioners and Mr. P.K. Parhi, learned Assistant Solicitor General assisted by Ms. Sahoo, learned Central Government Counsel.

3.

The specific stand has been taken by the Union of India regarding the jurisdiction of this Court to entertain this application in as much as it is stated that the matter comes within the domain of Central Administrative Tribunal and in this context reliance has been placed of the order of the Apex Court passed in S.L.P (C) No.514-515 of 2012 (Civil Appeal Nos.5984-5985 of 2014). 4.

Considering the stand of the Union of India as aforesaid, the learned counsel for petitioners seek permission to withdraw to approach the Central Administrative Tribunal, Cuttack Bench, Cuttack. Such permission is accorded.

5.

In the event the petitioners file appropriate application before the Central Administrative Tribunal within two months from the today ventilating their grievance, the learned Tribunal is called upon to consider the matter and dispose of the same on merits. Since, the lis was pending adjudication before this Court since 2010.

6.

The Writ Petitioner accordingly stands disposed of. 7.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi