Ratikanta Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 14 of 2013 Ratikanta Naik ....

Petitioner Mr. Rati Ranjan Das, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. D. Mohapatra, Standing Counsel (School and Mass Education Deptt.)

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

11.04.2022 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 on behalf of the petitioner at present.

3.

When the matter was taken up by this Court on 23.02.2022 after hearing learned counsel for the petitioner as well as learned Standing Counsel, the following order was passed:- "The Original Application is registered on 4th December, 2021 before this Court after the O.A. 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 6.3.2013.

It is submitted by the learned counsel for the petitioner that the matter being old one, he could not trace out the brief in his chamber and accordingly seeks accommodation.

Learned Standing Counsel submits that the order impugned before the learned Tribunal arises out of implementation of the order passed by this Court dated 23.12.2021 passed in W.P.(C) No.14979 of 2010 and Original Application which has been converted to a writ petition now, is not maintainable in view of the order passed by this Court having attained finality. In view of the prayer made by the learned counsel for the petitioner, list on 11.4.2022. Learned counsel for the

// 2 // parties are allowed to take photocopy of any of the pleadings as available in court records on payment of cost."

4.

Learned Standing Counsel reiterates the submissions on behalf of the opposite party-State as indicated in the order dated 23.02.2022.

5.

Having heard learned counsel for the parties, the writ petition is disposed of for lack of up-to-date instruction from the petitioner to pursue the litigation granting liberty to revive the same within sixty days for any surviving cause of action. (M.S. Sahoo) Judge