ORISSA HIGH COURT : CUTTACK W.P.(C) No.20713 of 2011 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 ***

1. Dhirendra Ku. Das Aged about 42 years Son of Late Krushna Mohan Das At: Balisahi, Bhandari Lane P.O./P.S.: Puri Town District: Puri.

2. Ramesh Chandra Swain Aged about 42 years Son of Late Madhu Swain At: Chhaitana, P.O.: Namara Via: Astaranga, District: Puri.

3. Rama Chandra Sahoo Aged about 42 years Son of Late Kasinath Sahoo At: Markanda Sahi P.O./P.S.: Puri Town District: Puri. … Petitioners -VERSUS-

1. State of Odisha Represented though Commissioner-cum-Secretary Government of Odisha Housing and Urban Development Department Secretariat Building Bhubaneswar, District: Khordha.

2. Commissioner-cum-Secretary Government of Odisha Finance Department Secretariat Building Bhubaneswar, District: Khordha.

3. Director, Municipal Administration Odisha, Bhubaneswar District: Khordha.

4. Executive Officer, Puri Municipality At/P.O./P.S./District: Puri. … Opposite parties Counsel appeared for the parties:

For the Petitioners : Mr. Hrudananda Mohapatra, Asima Samantaray, M.R. Behera, Advocates For the Opposite party : Mr. Jayanta Kumar Bal, Nos.1 to 3 Additional Government Advocate along with Santosh Kumar Brahma, Additional Standing Counsel For the Opposite party : Mr. Pradipta Mohanty No.4 Senior Advocate assisted by M/s. Pranoy Mohanty, Sanjib Kumar Sahu and Prasannajit Pani, Advocates P R E S E N T:

HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 21.03.2025 :: Date of Order : 24.03.2025

ORDER

Questioning the propriety of instruction of Government of Odisha in Housing and Urban Development Department in Letter No.14449/HUD, dated 13.06.2011 (Annexure-12) and legality of Office Order No.3239, dated 13.05.2011 (Annexure-13) whereby Office Order No.3162, 3165, 3168 and 3171, dated 11.05.2011 were kept in abeyance as well as Office Order No.4113, dated 13.06.2011 of the Puri Municipality (Annexure-14) cancelling Office Order Nos.3162, 3165, 3168 and 3171, dated 11.05.2011 by virtue which the services of the petitioners were regularised, the instant writ petition has been filed to invoke extraordinary jurisdiction of this Court under the provisions of Articles 226 and 227 of the Constitution of India, with the following prayer(s):

“Under the aforesaid facts and circumstances of the case, it is, therefore, prayed that this Hon’ble Court may graciously be pleased to:

(i) quash the Government Order dated 13.06.2011 under Annexure-12 by concurrently holding the same as bad, illegal and not sustainable or maintainable in the eye of law;

(ii) quash the Order passed by Puri Municipality vide Order No.3239, dated 13.05.2011 and Order No.4113, dated 13.06.2011 under Annaxures-13 and 14 respectively;

(iii) pass such other order (s)/direction(s) as may be deemed fit and proper in the bona fide interest of justice;

And for which act of kindness, the petitioners as in duty bound shall ever pray.”

2. This Court by Order dated 10.08.2011 issued notice to the opposite parties and granted stay of operation of Orders in Annexure-14.

2.1. The Puri Municipality entered appearance by executing Vakalatnama in favour of Sri Pradipta Mohanty, learned Advocate through the Executive Officer on 01.12.2011.

2.2. Though the matter was listed on 20.07.2022, 27.07.2022, 29.08.2022, 08.01.2025 and 06.03.2025 along with W.P.(C) No.20715 of 2011 (Nabakishore Nayak and Others Vrs. State of Odisha and Others) for the opposite parties to file response, no counter affidavit is forthcoming.

2.3. The matter thereafter stood adjourned to 21.03.2025 for hearing on admission. On the date of hearing, i.e., 21.03.2025 also no counter affidavit has been filed by the opposite parties. It is unfortunate to note that even after lapse of considerable period, there is no response from either the State Government or the Puri Municipality.

2.4. Since the writ petition has been pending adjudication since 2011 and the opposite parties have not paid