Orissa High CourtWPC(OAS)/35/2013dismissed for defaultnonprosecution

Alekh Sahu v. State Of Orissa

2022-07-13Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAS) No. 35 of 2013 Alekh Sahu ....

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

Opp. Parties Mr. B. Mohanty, SC, S&ME Department

CORAM:

JUSTICE M.S.SAHOO Order No.

ORDER(Oral) 13.7.2022 02 1. This matter is taken up through hybrid mode.

2. None appears for the petitioner when the matter is called.

3. The writ petition has been registered before this Court on 22.11.2021 after the Original Application was transferred upon abolition of the learned Odisha Administrative Tribunal, Circuit Bench, Sambalpur.

4. On perusal of the available order sheets of the learned Tribunal it is indicated that notices were issued on 19.8.2013 and the matter was never taken up/pursued after 22.4.2019.

5. When the matter was last taken up on 5.5.2022, none had appeared for the petitioner. After considering the matter in some detail as well as hearing learned Standing Counsel for the S&ME Department, following order was passed : "2.The writ petition has been registered before this Court on 22nd November, 2021, after the original application was transferred from the learned Odisha Administrative Tribunal, Circuit Bench, Sambalpur upon its abolition.

3. On perusal of the available order sheets of the learned Tribunal, it is indicated that the matter was never taken up after 22.04.2019.

4. Learned Standing Counsel (School and Mass Education Department) referring to para-8 of the counter dated 17.02.2018 (page-33 of the writ petition) filed by the State submits that after

adjusting the User Certificates furnished by the petitioner, still there is outstanding advance of Rs.1,99,889/- as BRCC Maneswar and Rs.6,84,987/- as BRCC Jujumura, that is to be refunded/returned by the petitioner.

5. Having heard the learned Standing Counsel, to grant another opportunity to the petitioner, list on 13th July, 2022."

6. Learned Standing Counsel reiterates the submission on behalf of the O.P.-State as noted in the order dated 5.5.2022.

7. Having heard learned Standing Counsel, the writ petition is dismissed for non-prosecution.

(M.S.Sahoo) Judge dutta