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Orissa High CourtWP(C)/34167/2021disposed off

Anjana Mohapatra v. State Of Odisha

2022-01-18Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.34167 of 2021 Anjana Mohapatra .....

Petitioner Mr.B.Samantaray, Advocate - VersusState of Odisha & Ors.

.....

Opposite parties Mr.D.K.Mishra, AGA Mr.Dayananda Mohapatra, Advocate (For O.P.Nos.2, 3 and 4)

CORAM:

JUSTICE BISWANATH RATH

ORDER

18.01.2022 Order No.

1.

This matter is taken up through Video Conferencing Mode. 2.

Heard the learned counsel appearing for the parties. 3.

Undisputedly the impugned order at page-9 while disclosing negativing the request of the petitioner on the premises his name is found in the special audit report, the Cuttack Development Authority appears given a chance to the petitioner to respond through the very same letter. Petitioner instead of clarifying his position before the authority has rushed to this Court. For the petitioner has a clear scope, this Court finds the writ petition at this stage is premature. While declining to entertain the writ petition at this stage, this Court observes in the event the dispute involved herein is still pending consideration, it will be open to the petitioner to attempt to file response to the show cause notice vide Annexure-1

at page-9 to the brief with proof, if any, at least within a period of ten days and in such event the same shall be considered and disposed of by undertaking the entire exercise within a period of six weeks from the ate of submission of the response and also giving opportunity of hearing to the petitioner.

5.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout copy of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 & 515 dated 7th January, 2022.

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(BISWANATH RATH) JUDGE