Orissa High Court

WP(C)/21853/2026 of RABINDRANATH KHUNTIA Vs STATE OF ODISHA on 7 August 2026

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HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.21853 of 2026 CNR No.ODHC010513922026 Rabindranath Khuntia …. Petitioner Mr. M.K. Khuntia, Advocate -versus- State of Odisha and Others …. Opp. Parties Mr. S.P. Das, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 07.08.2026 01.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.21853 of 2026

CNR No.ODHC010513922026

Rabindranath Khuntia

….

Petitioner

Mr. M.K. Khuntia,

Advocate

-versus-

State of Odisha and

Others

….

Opp. Parties

Mr. S.P. Das, ASC

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

Order No

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ORDER

07.08.2026

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

2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.

3. Petitioner has filed the present writ petition inter alia with the following prayer:- “It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs; i) To quash the clarification dtd.8.1.2026 at point no- 4 under Annexure-4. ii) To direct the opposite parties to grant R.A.C.P to petitioners in terms of resolution dtd. 6.2.2013 and 13.2.2025 issued by finance department not in accordance with clarification dtd.8.1.2026 & 31.01.2026 at point no-4 under Annexure- 4 & 5. And pass such other order/orders as may be deemed fit and proper for the interest of justice.”

4. It is contended that without taking into consideration, the guidelines governing the field with

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regard to sanction of R.A.C.P., the impugned notification has been issued by the Government in the Home Department-Opposite Party No.1 on 08.01.2026 under Annexure-4.

5. It is contended that since the provision contained in the guidelines so far as sanction of R.A.C.P. is concerned, has not been followed while issuing the impugned notification dated 08.01.2026, the Petitioner is aggrieved by the same.

6. Learned ASC on the other hand contended that if the Petitioner is aggrieved by any of the stipulation contained in the notification dated 08.01.2026 so issued by Opposite Party No.1 under Annnexure-4, Petitioner instead of moving the Appropriate Authority for consideration of his grievance, could not have approached this Court by filing a Writ Petition.

7. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing of the Writ Petition, permits the Petitioner No.1 to make his grievance with regard to inapplicability of the notification issued on 08.01.2026 under Annnexure-4 so far as sanction of R.A.C.P. is concerned.

7.1. It is observed that if any such application is moved before Opposite Party No.1 within a period of three weeks hence, Opposite Party No.1 shall take a lawful decision on the same within a period of three months from the date of receipt of such application with due communication to the Petitioner.

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8. The Writ Petition stands disposed of accordingly.

(Biraja Prasanna Satapathy)

Judge Basudev Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Aug-2026 18:09:29 Signature Not Verified

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