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Orissa High CourtWPC(OA)/115/2012dismissed for defaultnonprosecution

Rabinarayan Jayasingh v. State Of Odisha

2022-03-21Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OA) No. 115 of 2012 Rabinarayan Jayasingh ....

Petitioner None -versusState of Odisha & others ....

Opp. Parties Mr. T.K. Praharaj, Standing Counsel

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

21.03.2022 02.

RJ This matter is taken up through hybrid mode.

None appears for the petitioner, when the matter is called. On 23.02.2022, when the matter was taken up, none had appeared and the following order was passed:- "The writ petition has been renumbered and registered before this Court on 06.08.2021 after being transferred, upon abolition of Odisha Administrative Tribunal, Bhubaneswar.

On perusal of the available order sheet of the learned Tribunal, it is found that the matter was never taken up after 26.11.2012.

The original application was filed by the applicant, when he was 46 years, before the learned Tribunal, seeking for a direction to regularize absorbing in the Class-IV post condoning the age, by which he had exceeded the minimum age of appointment.

It is submitted by the learned Additional Government Advocate that due to long lapse of time, nothing survives for adjudication in the present matter after ten years.

To grant another opportunity to the petitioner, list on 21st March, 2022."

Learned Standing Counsel reiterates the submissions on behalf of the opposite party-State that due to long

// 2 // lapse of time, nothing survives for adjudication in the matter after ten years have lapsed.

Accordingly, the writ petition is dismissed for nonprosecution granting liberty to the petitioner to revive the same within ninety days for any surviving cause of action. (M.S. Sahoo) Judge