Orissa High Court
WP(C)/15038/2023 of MURALIDHAR NAIK Vs STATE OF ODISHA on 10 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 15038 of 2023 CNR No. ODHC010360862023 Muralidhar Naik ..... Petitioner Mr. S.K. Behera, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. A . Tripathy, AGA Mr. S. Das, Advocate (Opp. Party No. 3) CORAM: THE HON'BLE MR.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 15038 of 2023
CNR No. ODHC010360862023
Muralidhar Naik
.....
Petitioner
Mr. S.K. Behera, Advocate
-versus-
State of Odisha & Ors.
.....
Opposite Parties
Mr. A. Tripathy, AGA
Mr. S. Das, Advocate
(Opp. Party No. 3)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
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ORDER
10.09.2026 Order No. 03
1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the Parties.
3. Mr. S. Das, learned counsel appearing for Opp. Party No. 3 contended that against the impugned order, appeal lies to the Chairman of the Opp. Party-Corporation. It is accordingly contended that Petitioner since instead of moving the appellate authority has filed the writ petition, it is not entertainable.
4. At this point of time, learned counsel appearing for the Petitioner contended that he may be permitted to withdraw the writ petition with liberty to move the appellate authority.
5. However, it is contended that since the writ petition is pending before this Court w.e.f.09.05.2023, the delay in filing the appeal be condoned.
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6. Mr. S. Das, learned counsel for Opp. Party No. 3 has no serious objection to the aforesaid submission made by the learned counsel appearing for the Petitioner.
7. Considering the submission made, this Court while disposing the writ petition, permits the Petitioner to move the appellate authority.
7.1. It is observed that if any such appeal will be filed within a period of within a period of three (3) weeks hence, the appellate authority shall entertain the same and decide the matter on merit without insisting on any delay.
8. The writ petition accordingly stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge Sneha Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2026 12:55:29 Signature Not Verified