Banabihari Mattagaj v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OA) No.478 of 2013 Banabihari Mattagaj ....

Petitioner Mr. K.C. Sahoo on behalf of Mr. L. Samal, Advocate -versusState of Odisha & others ....

Opp.Parties Mr. D. Mund, Addl. Govt. Advocate for opp.party nos.1 to 3.

Opp.party no.4- None

CORAM:

JUSTICE M.S.SAHOO

ORDER

24.02.2022 Order No.

1. This matter is taken up through hybrid mode. The writ petition has been renumbered and registered before this Court on 10.08.2021 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 13.11.2018.

The original application was filed by the applicant/petitioner before the learned Tribunal in the year 2013, after retiring from service as Senior Clerk in the District Excise Office, Mayurbhanj at Baripada, challenging the order of imposition of punishment of deduction of 10% pension. It is submitted by the learned counsel for the petitioner that they do not have any up-to-date instruction to pursue the present litigation on behalf of the petitioner. It is further submitted that the petitioner may be permitted to withdraw the writ petition with liberty to revive the same for any surviving cause of action.

// 2 // Learned Additional Government Advocate submits that after the punishment has been given effect to, nothing would survive for adjudication in the present writ petition after a long lapse of time.

Having heard the learned counsel for the parties, the writ petition is permitted to be withdrawn with liberty to revive the same within sixty days for any surviving cause of action. ( M.S.Sahoo) Judge Gs