← Library
Orissa High CourtWPC(OA)/1188/2012dismissed for defaultnonprosecution

Loknath Sahoo v. State Of Odisha

2022-03-09Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OA) No. 1188 of 2012 Loknath Sahoo ....

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

Opp. Parties Mr. Rajesh Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

09.03.2022 02.

RJ This matter is taken up through hybrid mode.

2.

None appears for the petitioner when the matter is called. When the matter was taken up on 22.02.2022, none had appeared and after consideration of the matter in some detail, the following order was passed :- "3.

The writ petition has been registered before this Court on 7th August, 2021, the original application having been transferred from the learned State Administrative Tribunal, Principal Bench, Bhubaneswar upon its abolition.

4.

On perusal of the available order sheets of the learned Tribunal, it is indicated that the matter was never taken up after 09.02.2018.

5.

The original application was filed by the applicant/petitioner in the year 2012 seeking a direction from the learned Tribunal to treat the paper book of the original application as representation and direct the authorities to consider the case of the applicant/petitioner for regularization as per the law laid down by the Hon'ble Supreme Court in the case of State of Karnataka vrs. Umadevi; AIR 2006 SC 1806 and State of Karnataka vrs. M.L. Keshari; AIR 2010 SC 2587.

6.

Learned Standing Counsel submits that

// 2 // the nature of prayer made in the original application has been rendered infructuous as after passage of ten years, the petitioner would be about 45 years of age making him age barred for any kind of employment under the State.

7.

To grant another opportunity to the petitioner, list on 7th March, 2022."

Since the matter is not being pursued for the last about 4 years, the writ petition is dismissed for nonprosecution granting liberty to the petitioner to revive the same within 60 days for any surviving cause of action. (M.S. Sahoo) Judge