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2023 Supreme(Ori) 109
IN THE HIGH COURT OF ORISSA AT CUTTACK
S. Muralidhar, M.S.Raman, JJ.
State of Odisha & Ors. – Appellants
Versus
Kumarmani Patel & Ors. – Respondents
Writ Appeal No. 159 of 2020
Decided On : 30-01-2023
Important Points
Subject
Civil Law - Delay Condonation and Writ Petition Procedure
Headnote
Delay Condonation - Writ Appeal - The court allowed the application for condonation of delay in filing the writ appeal, set aside the impugned order, and restored the writ petition to the file of the roster Bench for further proceedings.
Fact of the Case:
The writ petition of Respondent No.1 was disposed of without giving any opportunity to the Appellants to file a reply on merits.
Finding of the Court:
The court set aside the impugned order and restored the writ petition to the file of the roster Bench for further proceedings, with specific timelines for filing replies and conducting the hearing.
Issues: Delay in filing the writ appeal, disposal of writ petition without opportunity for reply on merits.
Ratio Decidendi: The court emphasized the importance of providing an opportunity for the parties to file replies on merits before disposing of a writ petition.
Final Decision: The writ appeal was allowed, the impugned order was set aside, and the writ petition was restored to the file of the roster Bench for further proceedings.
M.K. Khuntia, Advocate
JUDGMENT
I.A. No.281 of 2020
1. For the reasons stated therein, the application is allowed. The delay of 83 days in filing the writ appeal is condoned. The I.A. is accordingly disposed of.
W.A. No.159 of 2020
2. Despite service of notice, none appears on behalf of Respondent Nos.1 and 2.
3. It is seen from the impugned order that the writ petition of Respondent No.1 was disposed of from the very first date without any opportunity to the Appellants to file any reply on merits. On that short ground the impugned order is set aside and the writ petition i.e. W.P.(C) No.21337 of 2019 is restored to the file of roster Bench of the learned Single Judge where it will be listed on 10th April, 2023. The present Appellants will file its para-wise reply/counter affidavit to the writ petition positively on or before 27th March, 2023 and no further time will be granted for that purpose.
4. The writ Petitioner would file their rejoinder affidavit before the next date i.e. 10th April, 2023. The learned Single Judge is requested to proceed with the hearing on merits and dispose of the writ petition as expeditiously as possible.
5. The writ appeal is disposed of in the above terms.
