Shakir Hussain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.39768 OF 2021 Shakir Hussain ....

Petitioner Mr.D.R.Bhokta, Adv.

-versusState of Odisha & ors.

....

Opposite Party Mr.U.K.Sahoo, ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

11.1.2022 02.

1.

This matter is taken up through video conference mode. 2.

Heard learned counsel for the Parties.

3.

This matter involves the following prayer :- "The Petitioner, therefore, prays that this Hon'ble Court be graciously be pleased to issue a Rule Nisi calling upon the opposite parties to show cause as to why a writ of mandamus or any other appropriate writ or writs shall not be issued; i) Quashing the proposed notification for the reservation of seat of Counselor of Ward No.11 in Kotpad N.A.C. in the district of Koraput issued by the executive officer, NAC Kotapad under Annexure-2.

ii) If the opposite parties fail to show cause or show insufficient cause to make the rule absolute; .." 4.

Mr.U.K.Sahoo, learned Additional Standing Counsel for the State submits that there is already a decision on the request of the

// 2 // Petitioner and in the event the Petitioner so aggrieved may prefer Appeal statutorily provided.

5.

In the circumstance, this Court disposes of the Writ Petition for having no cause of action presently however with a direction to the competent authority to at least serve a copy of the decision of the Authority taken on the Petitioner to find out the remedy available in the circumstance.

6.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the Parties may utilize a printout of the order available in the High Court's Website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020, modified by Notice No.4798 dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(Biswanath Rath) Judge M.K.Rout