State Of Odisha v. Roshan Kerketta

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.797 of 2021 The State of Odisha and others ....

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

-versusRoshan Kerketta ....

Respondent None

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH

ORDER

14.09.2022 Order No.

04.

1. None appears for the Respondent despite service of notice.

2. The short ground on which the impugned order dated 23rd March 2021 of the learned Single Judge in W.P.(C) No.11105 of 2021 is challenged is that it was passed without affording the present Appellants an opportunity of filing a reply to the writ petition which turned purely on facts.

3. On that short ground, the impugned order is set aside and W.P.(C) No.11105 of 2021 is restored to the file of the learned Single Judge and will be listed there for directions on 5th December 2022, by which date, the State would have filed its affidavit in reply to the writ petition not later than 14th November 2022, and rejoinder thereto would have been filed by the date fixed i.e., 5th December, 2022. There will be no further time granted for the above purpose. The learned Single Judge will then proceed in accordance with law

and endeavour to dispose of the writ petition within a period of 6 months thereafter.

4. The writ appeal is disposed of in the above terms.

5. Issue urgent certified copy of this order as per rules. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge S.K. Guin