IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1075 of 2026 Nityananda Behera ..... Petitioner Represented by Adv. –

Mr. Kunal Kumar Swain -versus-

State of Odisha and others ..... Opposite Parties Mr. Sarbeswar Behera, AGA CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORD ER

08.04.2026 Order No.

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

2. Heard the learned counsel for the Petitioner as well as the learned Additional Government Advocate appearing for the State-Opposite Parties. Perused the impugned order dated 15.11.2025 under Annexure-2 to the writ petition.

3. On perusal of the record, it appears that earlier the Petitioner approached this Court by filing W.P.(C) No.18383 of 2023, which was disposed of on 19.03.2024. A coordinate Bench of this Court remanded the matter to the Opposite Party No.1 after quashing the impugned order with a further direction to take fresh decision.

4. After disposal of the previous writ petition, the Petitioner again approached the Opposite Party No.1. The Opposite Party No.1, vide impugned order dated 15.11.2025, declined to consider the case of the Petitioner afresh on the ground that Writ Appeal No.1780 of 2022 is pending before the Hon’ble Division Bench of this Court, which was remanded by the Hon’ble Supreme Court. However, nothing was produced before this Court to show that the impugned order in Writ Appeal No.1780 of 2022 has been stayed or any writ appeal has been filed against the order passed in the writ petition, in which, the Petitioner was a party. Thus, there is no legal bar to consider the case of the Petitioner pursuant to order dated 19.03.2024 passed in W.P.(C) No.18383 of 2023. However, the Opposite Party No.1 refused to consider the case of the Petitioner by saying that there is hardly any scope to take a decision in the matter in view of the fact that the writ appeal is pending before the Hon’ble Division Bench.

5. On close scrutiny of the order dated 15.11.2025, this Court is of the prima facie view that the Opposite Party No.1 has exceeded his jurisdiction in expressing that there is hardly any scope to take a decision in this matter because of the pendency of the writ appeal before the Hon’ble Division Bench wherein there is no interim order of staying operation of the impugned order. This Court deprecates such type of observation by the Bureaucracy.

6. However, on the request of the learned Additional Government Advocate appearing for the State-Opposite Parties and further taking into consideration the fact that the writ appeal is pending before Hon’ble Division Bench and the same is likely to be taken up for hearing today, this Court grants two weeks’ time to the learned Additional Government Advocate appearing for the State-Opposite Parties to take steps for early disposal of the writ appeal, as has been directed by the Hon’ble Supreme Court.

7. Accordingly, it is directed that the matter be listed in th the week commencing 11 May, 2026.

( A.K. Mohapatra )

Judge Debasis `

Signature Not Verified Digitally Signed

Signed by: DEBASIS AECH

Reason: Authentication

Location: ORISSA HIGH COURT

Date: 10-Apr-2026 13:37:30