Bibhuti Pradhan v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 1303 of 2015 Bibhuti Pradhan ....

Petitioner Mr. Anil Kumar Das, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. H.K. Panigrahi, Standing Counsel for O.Ps. 1 to 5

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

12.07.2022 02.

I.A. No.242 of 2022 RJ 1.

This matter is taken up through hybrid mode.

2.

Learned counsel for the petitioner refers to the I.A. No.242 of 2022 i.e. on record with a prayer to withdraw the O.A./writ petition. On 20.06.2022, when the matter was taken up after considering the submissions of the learned counsel for the State and considering the matter in some detail, the following order was passed:- "2. None appears for the petitioner when the matter is called.

3. The writ petition has been registered before this Court on 21.8.2021 after the Original Application was transferred upon abolition of the learned Odisha Administrative Tribunal, Bhubaneswar.

4. The Original Application before the learned Tribunal was filed in the year 2015 by the petitioner who was aged about 42 years while working as DLR Khalasi (Unskilled) under Executive Engineer, RWS&S (Rural Water Supply and Sanitation) Division, Sambalpur (O.P. No.3) with a prayer to quash the impugned order of rejection under Annexure-3 and direct the respondents to consider the case of the applicant to regularize him in the post of Khalasi from the date private respondents 6, 7 & 8 were engaged vide order dated 30.4.2013 (Annexure-5) passed by

// 2 // O.P. No.3.

5. Learned AGA referring to averments made in the writ petition, submits that long pendency of the O.A. for about seven years would have rendered the matter infructuous.

6. Having heard learned AGA, the matter is adjourned to 26.7.2022 to grant another opportunity to the petitioner."

3.

After hearing learned counsel for the petitioner and considering the prayer made in the I.A. as well as after hearing learned Standing Counsel, the writ petition is permitted to be withdrawn granting liberty to revive the petition within sixty days for any surviving cause of action.

4.

The I.A. is disposed of accordingly.

(M.S. Sahoo) Judge