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Orissa High CourtWP(C)/31268/2022disposed off

Prasana Kumar Patra v. Secy. To Govt. Of Odisha

2022-11-30Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31268 of 2022 Prasana Kumar Patra ....

Petitioner Mr. P.K. Nayak, Advocate -versusSecretary to Government of Odisha, Department of Coopertion, Lokaseva Bhawan, Bhubaneswar and others ....

Opposite Parties Mr. B.P. Tripathy, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

30.11.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite parties.

3.

This writ petition has been filed by the Petitioner seeking a direction to the Opposite Party No.4 to place his case along with Opposite Party No.6 for just and proper decision of the case. 4.

It is submitted by the learned counsel for the Petitioner that the

// 2 // Petitioner at the movement working as Secretary/Chief Executive of Nahanga PACS Ltd and is continue since 13.3.2018. However, the Opposite Party No.6 filed a writ petition before this Court bearing No.8114 of 2022 with a prayer to direct the Opposite Parties to appoint him as Secretary/Chief Executive of Nahanga PACS Ltd. without insisting for the land security or accept the land security of third party and quash the appointment of the Opposite Party No.5 therein and the same was disposed of on 20.04.2022 by directing the Assistant Registrar of Cooperative Societies, Kendrapara-Opposite Party No.3 of the said writ petition to consider the representation of the Petitioner under Annexure-8 Series therein in accordance with law within a stipulated period of time.

5.

In the aforesaid context, learned counsel for the Petitioner submits that the order in the W.P.(C) No.8114 of 2022 has been passed without hearing the present Petitioner, who is a necessary party to the said application.

6.

On perusal of the order dated 20.24.2022 passed in W.P.(C) No.8114 of 2022, this Court is of the considered opinion that the same does not affect the right of the Petitioner in any manner whatsoever. However, to bring more clarity, the Opposite Party No.4-Assistant Registrar of Cooperative Socieities, Kendrapara in

// 3 // the present writ petition is directed to consider the representation of the Petitioner in the W.P.(C) No.8114 of 2022, if the same has not already been disposed of, by providing opportunity of hearing to both the parties including the present Petitioner and take a decision in accordance with law.

7.

With the aforesaid observation and direction, this writ petition stands disposed of.

( A.K. Mohapatra ) Judge Debasis