State Of Odisha v. Bijay Kumar Mishra

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 10125 of 2022 State of Odisha & Anr.

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Petitioners Mr. S. Jena, SC (S&ME) Vs.

Bijay Kumar Mishra & Ors.

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Opposite parties Mr. B. Routray, Sr. Adv.along with Mr. S. Routray, Advocate (O.Ps.1,8,10,15 & 16)

CORAM:

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

ORDER

11.05.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. S. Jena, learned Standing Counsel for School & Mass Education Department appearing for the petitioners and Mr. B. Routray, learned Senior Counsel appearing along with Mr. S. Routray, learned counsel for opposite parties no.1, 8, 10, 15 & 16. 3.

The petitioners-State have filed this writ petition seeking to quash the order dated 05.05.2018 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 1735 (C) of 2004.

4.

The order which is challenged by the State has been implemented. Therefore, nothing remains to be adjudicated in this case. Otherwise also, as it appears, though Odisha Administrative Tribunal, Cuttack Bench, Cuttack passed the impugned order on 05.05.2018, but the State-petitioners have preferred this writ petition on 20.04.2022, i.e., after long lapse of more than four year, which shows that the State is not vigilant of his own conduct. 5.

Mr. S. Jena, learned Standing Counsel for School & Mass Education Department prays that the matter may be disposed of on

merit. Such a contention is made to be rejected. 6.

This Court is not inclined to entertain this writ petition at this belated stage, as it 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).

7.

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

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