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Orissa High CourtWPC(OAC)/245/2013disposed off

Sri Debaranjan Behera v. State Of Odisha

2022-04-05Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 245 of 2013 Debaranjan Behera ....

Petitioner Mr. Bimbisar Dash, Advocate -versusState of Odisha & others ....

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

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

05.04.2022 02.

1.

This matter is taken up through hybrid mode.

RJ 2.

It is submitted by the learned counsel for the petitioner that he has no up-to-date instruction to pursue the matter at present.

3.

On 24.02.2022, when the matter was taken up after considering the matter in some detail, the following order was passed:- "The writ petition has been registered before this Court on 2nd December, 2021, after the original application was transferred from the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.

On perusal of the available order sheets of the learned Tribunal, it is indicated that the matter was never taken up after 07.08.2013.

The original application was filed in the year before the learned Tribunal by the applicant(petitioner) stating that the applicant was successful in the recruitment process for recruitment to the post of Warder by an advertisement dated 29.08.2012 in the daily "The Samaj" by the Additional Director General of Police-cum-Inspector General of Prisons, Odisha, Bhubaneswar (opposite party no.2).

Learned counsel for the petitioner prays for adjournment stating that the copy of the brief is

// 2 // not immediately traceable.

Learned Addl. Govt. Advocate submits that since the matter relates to a recruitment of the year 2013, nothing survives for adjudication after lapse of nine years. It is further submitted that the respective rights of the selected candidates has crystallized rendering the writ petition infructuous. To grant another opportunity to the petitioner, list on 5th April, 2022."

4.

Learned Standing Counsel reiterates the submissions on behalf of the State as noted in the order dated 24.02.2022.

5.

Having heard learned counsel for the parties, the writ petition is disposed of for lack of instruction from the petitioner to pursue the matter at present granting liberty to revive the same within sixty days for any surviving cause of action.

(M.S. Sahoo) Judge