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Orissa High CourtWPC(OAC)/698/2017disposed off

Prasanna Kumar Pattanayak v. D.I.G. Of Police, Anugul

2022-09-02Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.698 of 2017 Prasanna Kumar Pattanayak ....

Petitioner -versusD.G. And I.G. of Police, Anugul & Anr.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

02.09.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. G.R. Sethi, learned counsel for the Petitioner and Mr. R.N. Mishra, learned AGA appearing for the Opp. Parties.

3. The present writ Petition has been filed with the following prayer:- "In view of the facts stated above in Para-6 the applicant prays for the following relief(s):

i) To direct the respondents to allow the applicant to retain the quarter No.F/5 at Angul.

ii) To quash the order dtd. 7.3.2017 under Annexure-9.

iii) And pass such other order/orders as may be deemed fit and proper for the interest of justice."

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4. It is submitted by learned counsel for the Petitioner that on his deputation to PTC, Anugul the quarter allotted in favour of the Petitioner was cancelled vide notification dtd.06.06.2016 under Annexure-4.

5. It is submitted that in the meantime the Petitioner has been brought back to Anugul police district and accordingly he is entitled to retain the quarter in question. This Court finds that while issuing notice of the matter, an interim order was passed staying the operation of the Order dtd.07.03.2017 under Annexure-9, which was passed in compliance to the earlier order passed by the learned Tribunal on 08.08.2016 under Annexure-5.

6. Be that as it may, since it is submitted that the Petitioner has been brought back to Anugul Police district and accordingly he is entitled to retain the quarter, taking into account the said submission and the interim order passed by this Court on 20.03.2017, the writ Petition is disposed of with a direction on the O.P. No. 2 to take a fresh decision on the claim of the Petitioner to retain the quarter in question. The said decision will be taken within a period of one month from today. Till such a decision is taken, the interim order passed on 20.03.2017 shall continue.

7. The Petitioner is directed to produce a copy of this order on O.P. No. 2 within a period of seven (7) days from the date of receipt of this Order.

8. The writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha