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2025 Supreme(Online)(Ori) 3181

IN THE HIGH COURT OF ORISSA AT CUTTACK
Dixit Krishna Shripad, J
Md. Usman Khan – Appellant
Versus
State of Odisha – Respondent


Advocates:
For the Appellants/Petitioners:M/s. R.C. Jena & M.Padhi, Mr. B. Bhuyan, Sr. Advocate with Mr. Md. Gulam Madani, M/s. U.C. Mishra, A. Mishra, J.K. Mahapatra, D. Debadarshani & S. Dash, M/s. R.Jena & M. Padhi, M/s. P. Pattnaik, K.N. Muduli, D. Sahoo & S.K. Swain
For the Respondents:Mr. S.K. Jee, Addl. Government Advocate

Table of Content
1. petitions by teachers concerning license revocation. (Para 1)
2. arguments against and for revocation related to discretion. (Para 2 , 3)
3. legal analysis on public office responsibilities. (Para 4)

PER DIXIT KRISHNA SHRIPAD,J

All these petitions, by the teachers of Government/Aided Schools, are presented to the Writ Court essentially grieving against the decision of answering OPs in revoking/rescinding licenses granted to them for registering Muslim marriage/divorce and for maintaining certain official records in that connection, as provided under the provisions of Orissa Muhammedan Marriage and Divorce Registration Act, 1949 and Orissa Muhammedan Marriage and Divorce Registration Rules, 1976 .

2. Learned advocates appearing for the petitioners vehemently argue that the impugned action is unsustainable, inasmuch as their clients have been discharging the statutory duties, as licensees under the 1949 Act read with 1976 Rules, since years without compromising their duties as teachers; there is absolutely no complaint from any quarters in general and from the community of taught in particular; all of a sudden the impugned decision has been taken on an erroneous assum

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