Kailash Chandra Padhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.4216 of 2015 Kailash Chandra Padhi & another ....

Petitioners Mr. L.K. Mohanty along with Miss Rasmita Das, Advocate -versusState of Odisha & others ....

Opp.parties Mr. S.K. Samal, Addl. Govt. Advocate

CORAM:

JUSTICE M.S.SAHOO

ORDER

14.07.2022 Order No.

1. 1. This matter is taken up through hybrid mode.

2. The writ petition has been registered before this Court on 24.12.2021, after the Original Application was transferred from the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.

3. On perusal of the available order-sheets of the learned Tribunal, it is indicated that notices were issued by the learned Tribunal on 24.11.2015 and the matter was never taken up/pursued after 10.10.2017. Counter on behalf of opposite parties dated 07.03.2017 is available on record. Rejoinder filed by the petitioner dated 09.05.2017 is also on record.

4. It is submitted by the learned counsel for the petitioner that he has no up-to-date instruction to pursue the matter on behalf of the petitioner at present.

5. It is submitted by the learned Additional Government Advocate referring to the counter filed before the learned Tribunal particularly paragraph-2 that the petitioner no.1 has got TBA, 2nd ACP, 3rd ACP and RACP as due and admissible. Similarly the petitioner no.2 has also got TBA,

// 2 // 2nd ACP, 3rd ACP and RACP as due and admissible. It is therefore, submitted that there is no cause of action to maintain the writ petition.

6. Having heard learned counsel for the parties, the writ petition is disposed of for lack of up-to-date instructions from the petitioner to pursue the matter granting liberty to revive the same within sixty days for any surviving cause of action.

( M.S.Sahoo) Judge Gs