Biswambar Rath v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OA)No.319 of 2014 Biswambar Rath ....

Petitioner Mr.Yuvraj Parekh, Advocate -versusState of Odisha & Ors.

....

Opp. Parties Mr.G.R.Mohapatra, SC

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

25.03.2022 Order No.

1.This matter is taken up by hybrid mode.

2.None appears for the petitioner.

3. The petitioner has filed Original Application before the Orissa Administrative Tribunal challenging transfer/division order in regularizing the services of the petitioner in other district i.e. Koraput instead of their own home district i.e. Nayagarh.

4. Learned counsel for the State submits that by the time of filing of the present case in the year 2012, the age of the petitioner was 54 years. By efflux of time the petitioner must have retired by now. Hence, there seems to be absence of any cause of action in the present writ petition. Hence, the same has become infructuous.

5. However, liberty may be granted to the petitioner to approach this Court afresh, if any cause of action survives.

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6. In view of the above, the WPC(OA) is disposed of granting liberty as aforesaid.

7. Issue urgent certified copy as per Rules.

( S.K. Panigrahi) Judge LB