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Judgment
I.A. No.16023 of 2022
This matter is taken up through Hybrid Mode.
The petitioner has filed this application under Rule-27-A, Chapter-VI of the Orissa High Court Rules for amending the writ petition in terms of the schedule of amendment as appended to the application.
According to Mr. Pitambar Acharya, learned Senior Counsel, amendment of the writ petition is required to incorporate the subsequent events and to amplify the averments as made in the writ petition. If the amendment is allowed, that will not change the nature and character of the writ petition.
But Mr. H.M. Dhal, learned Addl. Government Advocate has contended that the opposite parties need to file objection to the proposed amendment, as in the name of incorporation of the subsequent events, an F.I.R. not referred in the writ petition has been challenged.
That apart, reading of the proposed amendment would show that the facts unrelated to the writ petition are sought to be incorporated as averments of the writ petition.
Mr. Dhal, learned Addl. Government Advocate has further submitted that a short time may be provided for filing the objection by the opposite parties.
Prayer stands allowed.
Let the matter be listed on 02.12.2022.
Meanwhile, the opposite parties may file their objection, if any.
It is made clear that no further accommodation for filing the objection will be provided.
W.P.(C) No.13492 of 2021
In the order dated 27.09.2022 at para-7, this Court has recorded the following observation:
“The interim protection extended earlier shall continue until further orders”
What surprisingly surfaces on scrutiny of the records that no such interim protection was ever granted by this Court.
It is assumed that on the statement made by learned counsel for the petitioner, the said order was passed.
It is thus clarified that since there was no interim order staying the proceeding, its inadvertent continuation does not provide any protection to the petitioner.
Mr. Pitambar Acharya, learned Senior Counsel for the petitioner has strenuously argued for passing an express interim order staying the proceeding. But we do not find any compelling reason to pass such order at this stage.
Let the matter be listed on 02.12.2022 for consideration, along with W.P.(C) No.13493 of 2021 and W.P.(C) No.13494 of 2021, when there shall be a serious endeavour to hear the petitions on merit..
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