Bisworanjan Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.3788 of 2017 Bisworanjan Rout ....

Petitioner None -versusState of Orissa & others ....

Opp.parties Mr. L. Samanataray, AGA

CORAM:

JUSTICE M.S.SAHOO

ORDER

19.12.2022 Hybrid Mode Order No.

2. 1. None appears for the petitioner when the matter is called.

2. When the matter was last taken up on 13.10.2022, the following order was passed :

"2.

The writ petition has been registered before this Court on 24.01.2022 after the Original Application was transferred from the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack upon abolition.

3.

On perusal of the available order sheets of the learned Tribunal, it is indicated that notices were issued on 10.04.2018 directing to file counter. Prior to that on 14.03.2018, the written instruction were submitted by the learned Standing Counsel, copy of which served on the learned counsel for the applicant. 4.

Learned Addl. Govt. Advocate refers to the counter filed before the learned Tribunal by the Respondent No.4 dated 26.06.2018.

5.

Learned counsel for the petitioner submits that he has not been provided with copy of the counter. 6.

Learned Addl. Govt. Advocate serves copy of the counter dated 26.06.2018 again on the learned counsel for the petitioner.

7.

Learned counsel for the petitioner seeks further time to obtain instruction from the petitioner and file rejoinder, if so advised.

8.

List on 21st November, 2022."

// 2 // 3.

The learned Additional Government Advocate referring to the averments made in the petition as well as counter filed by the State submits that nothing would survive at present for adjudication.

4. Having heard the learned Additional Government Advocate since the petitioner is not prosecuting the matter, the writ petition is disposed of granting liberty to the petitioner to revive the same within sixty days for any surviving cause of action.

( M.S.Sahoo) Judge Gs