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Orissa High CourtWP(C)/40890/2021disposed off

M/S Baba Book Binding v. State Of Odisha

2022-02-21Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.40890 of 2021 M/s.Baba Book Binding & Ors.

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Petitioner(s) Mr.A.Mishra, Advocate -versusState of Odisha & Ors.

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Opposite Party(s) Mr.S.S.Rao, Advocate Mr.R.K.Samal, Standing Counsel for S & M.E. Deptt.

CORAM:

JUSTICE BISWANATH RATH

ORDER

21.02.2022 1.

Heard learned counsel appearing for the parties. A copy of the Order No.

brief be handed over to Mr.S.S.Rao, learned Sr. Advocate appearing for the Board of Secondary Education, Odisha.

2.

For the submission of Mr.Mishra, learned counsel appearing for the petitioners that petitioners are all involving binders and being utilized over the years by the Board of Secondary Education, Odisha as and when binding aspect is the requirement by the Board of Secondary Education, Odisha. Being aggrieved by the resolution of the Board of Secondary Education, Odisha, claimed to be based on some decision at Government level, the earlier practice of binding, printing, cover printing aspects were being distributed to individual firms engaged for either of the purpose indicated hereinabove, in a development at Government level in the meantime, keeping in view the time loss earlier faced by the Board of Secondary Education, Odisha, it has been decided to assign such works as a composite work to the eligible firm having all the nature of works under one umbrella. It has been brought to the notice of the Court by the petitioners that for the decision of the State and the Board of Secondary Education, Odisha involved herein, there

// 2 // has been great suffering of establishments involved herein and were being utilized for the purpose of binding aspect only. 3.

Mr.Rao, learned Senior Advocate appearing for the Board of Secondary Education, Odisha on instruction submits the decision to bring all such activities into one umbrella pursuant to a high level decision in replacement of earlier practice of placing item wise to different parties having individual items and such decision has yielded result at least in bringing timely publication and distribution of such books also in time.

4.

It is at this stage of the matter, this Court finds facing difficulty, the petitioners have already represented on 09.09.2021 and 09/10.11.2021 as appearing at Annexures-11 and 14 to the writ petition appears to have not been disposed of as of now. This Court disposes of the writ petition simply with a direction to the Secretary, Board of Secondary Education, Odisha-opposite party no.2 to take decision on the complain of the petitioners and pass appropriate order however keeping in mind the affecting of livelihood of employees of such establishment and also order dated 4.12.2019 passed by this Court in disposal of W.P.(C).No.22841 of 2019 by disposing the aforesaid representations within a period of six weeks from the date of communication of certified copy of this order by the petitioners. (Biswanath Rath) Judge Sks