Nabakishore Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.29850 of 2022 (Through Hybrid mode) Nabakishore Mohapatra and another ....

Petitioners Mr. Kali Prasanna Mishra, Senior Advocate -VersusState of Odisha and others ....

Opposite Parties Mr. A. K. Sharma, Addl. Government Advocate

CORAM:

JUSTICE ARINDAM SINHA JUSTICE SANJAY KUMAR MISHRA Order No.

ORDER

11.11.2022 01.

1.

Mr. Mishra, learned senior advocate appears on behalf of petitioners and submits, his clients are Palia Sevaks. They faced obstruction and prevention from performing Sevapuja. They approached the Deputy Commissioner of Endowments, who by letter dated 25th August, 2022 informed his clients' allegation to the Superintendent of Police, Puri and requested issuance of instruction to S.D.P.O. and Inspector-in-charge, Chandanpur Police Station to take appropriate steps. 2.

On police inaction his clients moved the Single Bench by CRLMP no.1952 of 2022. On order dated 27th October, 2022 the application was dismissed. In the circumstances, his

clients again approached the Deputy Commissioner seeking necessary action and making appropriate direction to provide adequate police force for performance of Sevapuja. 2.

Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State. On query from Court he submits, petitioners' grievance appears to be police inaction. 3.

At this stage Mr. Mishra prays for leave to not press the writ petition before the Division Bench and liberty to apply for recall of said order dated 27th October, 2022, in view of his contention corroborated by State that this matter relates to police inaction.

4.

Petitioners are entitled in law to apply for review/recall. Time spent in prosecuting this writ petition may be excluded in applying for review/recall.

5.

The writ petition is dismissed.

(Arindam Sinha) Judge (S. K. Mishra) Judge RKS