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2026 Supreme(Online)(Ori) 2210

ORISSA HIGH COURT
PRASANT KUMAR DIGAL – Appellant
Versus
STATE OF ODISHA – Respondent
WP(C) 2410 / 2026



IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2410 of 2026 Prasant Kumar Digal …. Petitioner Mr. S. K. Lenka, Advocate -versus-

State of Odisha & Ors.

…. Opposite Parties Mr. S.P. Das, ASC CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

Order No. 12.03.2026

03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. Pursuant to the orders dtd.27.01.2026 and 17.02.2026, learned Addl. Standing Counsel produced the instruction so provided by the RDC, Southern Division vide letter dtd.11.03.2026. The same be kept in record.

4. Basing on the instruction, it is contended that letter dtd.27.10.2025 was duly communicated to the Petitioner by post.

5. Petitioner has filed the present Writ Petition inter alia with the following prayer:-

“Therefore it is prayed that the Hon’ble Court may be

pleased to issue rule nisi to the Opp.parties as to why

the final order dtd.29.11.2025 in FCC No.460/10

passed by the Opp. No.3 vide Annexure-7 shall not be

quashed on the ground stated in the writ petition and the Opp.parties showing no cause or insufficient cause or cause not to the satisfaction of the Hon’ble Court, the writ petition may be allowed.

And for which act of the Hon’ble Court’s grace the petitioner shall ever pray.”

6. Learned counsel appearing for the Petitioner contended that Petitioner was before this Court earlier in W.P.(C) No.9167 of 2017. The said Writ Petition was disposed of vide order dtd.13.11.2024 under Annexure-

5, inter alia with the following order:-

“1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. Since the Writ Petition has been filed against a notice, this Court is not inclined to entertain the Writ Petition. It is open for the petitioner to take all those stand that has been taken in the Writ Petition while filing the reply against the said notice. It is observed that the Committee shall take into consideration the reply and proceed with the matter in accordance with law, in which this Court expresses no opinion.

4. The Writ Petition is accordingly disposed of.

5. Interim order passed earlier stands vacated.”

6.1. It is contended that pursuant to the order so passed, Petitioner filed his reply to the show cause on 25.06.2025 under Annexure-6 and after receipt of the same, in terms of the provisions contained under Rule- 7(14) of the Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Rules, 2023 (In short ‘Rules’). Proclamation was issued to the District Welfare Officer and concerned Tahasildar vide letter dtd.30.06.2025.

6.2. It is contended that basing on such proclamation, concerned Tahasildar vide letter dtd.28.07.2025 submitted the report to the effect that no objection has been received during the proclamation period. Concerned Tahasildar vide letter dtd.14.10.2025, submitted filed enquiry report so furnished by the R.I., Katingia.

6.3. It is contended that without providing the report so submitted after proclamation by the Tahasildar on 28.07.2025 and report of the RI so submitted vide letter 16.10.2025 and without following the provisions contained under Rule-7(14) to 7(20) of the aforesaid rules, the matter was finally disposed of by the Committee vide the impugned order dtd.29.11.2025 under Annexure-7. Rule-7(14) to 7(20) of the Rules reads as follows:-

“7(14) After conducting the personal hearing, the Scrutiny Committee shall issue proclamation through the concerned District Welfare Officer and Tahasildar in the locality of the alleged person inviting objections from persons and registered organizations within fifteen days from the date of issue of proclamation by beat of drum or any other mode and to accomplish the task, the Member Convener of the Scrutiny Committee shall send the copies of the allegation petition, the

enquiry report of the District Vigilance Cell, the show

cause reply of the alleged per

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