Sahadev Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 27700 of 2022 Sahadev Naik and others .....

Petitioners Mr. A. Pattanaik, Advocate Vs.

State of Odisha and others .....

Opposite Parties Mr.S .N. Nayak, ASC

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

27.10.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. A. Pattanaik, learned counsel for the petitioners and Mr. S.N. Nayak, learned Additional Standing Counsel for the State. 3.

The petitioners have filed this writ petition seeking direction to the opposite parties to restrain public notice dated 13.09.2022 issued by the Additional District Magistrate, Keonjhar before compliance of the order dated 24.08.2022 passed by this Court in W.P.(C) No. 10634 of 2022.

4.

Mr. Patnaik, learned counsel for the petitioners contended that without complying the order passed by this Court dated 24.08.2022 in W.P.(C) No. 10634 of 2022, the opposite parties have issued public notice by entertaining the grievance of the locality and, therefore, the petitioners have approached this Court in the present writ petition. 5.

Mr. S.N. Nayak, learned Additional Standing Counsel for the State contended that if the order of this Court has not been complied with, the remedy is available to the petitioners to file contempt petition and not by way of the present writ petition.

6.

Having heard learned counsel for the parties and after going through the record, since the petitioners have alleged that the order of this Court dated 24.08.2022 passed in W.P.(C) No. 10634 of 2022 has not been complied with, therefore, on the prayer of learned counsel for the petitioners, the petitioners are permitted to withdraw this writ petition with liberty to file proper petition. 7.

With the above liberty, the writ petition stands disposed of. Arun (DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE