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Orissa High CourtWP(C)/24702/2022disposed off

Rabindra Kumar Swain v. State Of Odisha

2022-11-01Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 24702 of 2022 Rabindra Kumar Swain ....

Petitioner Mr.Binaya Kumar Mohanty, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.A.Behera, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.11.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel.

4.

It is submitted by the learned counsel for the Petitioner that the Petitioner could not file his renewal application within time prescribed by the Government. Subsequently, time was extended by the State Government. It is further submitted by the learned counsel for the Petitioner that the Petitioner has submitted his renewal application on 29.09.2022 i.e. within the extended period allowed by the Government. On careful scrutiny of the writ application, the writ application was presented on 20.09.2022 and the application for renewal was made on 29.009.2022 i.e. during pendency of the writ application. Since the Petitioner has applied for renewal of licence during the pendency of the writ application, the authorities are directed to take a decision on the renewal licence filed by the Petitioner in accordance with law.

5.

Accordingly, the Petitioner is directed to approach the competent authority i.e. the Sub-Collector, Jagatsinghpur to take a

decision in the matter in accordance with law. Therefore, considering the aforesaid submission, the writ application is disposed of at the stage of admission, without expressing any opinion on the merits of the case directing the Petitioner to approach the Opposite Party No.3, Sub-Collector, Jagatsinghpur along with a certified copy of this order. In the event the Petitioner approaches the Opposite Party No.3 within a period of two weeks from today, the Opposite Party No.3 shall do well to consider and dispose of the renewal application of licence of the Petitioner within a period of four weeks thereafter and intimate the decision immediately.

6.

With the aforesaid observation, the writ application stands disposed of.

7.

Issue urgent certified copy as per Rules.

RKS ( A.K. Mohapatra ) Judge