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Manas Ranjan Behera vs. State Of Odisha

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WP(C)/20315/2025HC OrissaGSTCNR ODHC01051299202524 July 2025Bench: MR. JUSTICE ADITYA KUMAR MOHAPATRA3 pages

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Cause title — parties, addresses and appearances
Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.20315 of 2025 Manas Ranjan Behera ..... Petitioner Represented By Adv. - Amiya Kumar Chhatoi -versus- 1) State Of Odisha ..... Opposite Parties 2) Dy Commissioner, Ct And Gst Enforcement Unit, Puri Represented By Adv. – Mr.J.K.Bal, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER 24.07.2025 Order No.

01.1.

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

2.

Heard learned counsel for the Petitioner as well as learned Additional Govt. Advocate for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

3.

The Petitioner has filed the present writ application with the following prayer:

“In view of the facts and circumstances stated above, it is ardently prayed that this Hon’ble Court be graciously pleased to direct the Opp.Party No.1 to reinstate the Petitioner invoking Rule 12(5) of the OCS(CC&A) Rules, 1962 keeping in view the . fact that he has been placed under suspension w.e.f. 29.03.2024. And issue any other appropriate writ/writs, order/orders, direction/directions as deem fit and proper in the fitness of the case.”

4.

In course of hearing, learned counsel for the Petitioner submits that the Petitioner may be granted liberty to file a fresh representation ventilating his grievance before Opposite Party No.1, which may be considered within a stipulated period of time in accordance with law.

5.

Learned Additional Government Advocate appearing for the State on the other hand contended that he has no objection, if liberty is granted to the Petitioner to file a fresh representation before the Opposite Party No.1 and the same is considered and disposed of in accordance with law.

6.

In view of the aforesaid limited nature of grievance of the petitioner, this Court deems it proper to dispose of the Writ Petition granting liberty to the Petitioner to file a fresh representation taking therein all the grounds along with supporting documents before the Secretary to the Government in Finance Department, Opposite Party No.1, ventilating his grievance within a period of 10 days. In such eventuality, the Opposite Party No.1 shall do well to consider and dispose of the representation of the Petitioner in accordance with law taking into consideration the law laid down by the Hon’ble Supreme Court in the case of Ajay OLR (SC)-602 and pass a reasoned and speaking order within a period of four weeks from the date of filing . representation by the Petitioner. The final decision so taken be communicated to the Petitioner within a week.

7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra )

Judge

RKS

Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.