Tuesday 29 June 2021

Vacation of stay after six months unless granted extension for good reasons

Hon'ble Supreme Court have observed that as per decision of the Hon'ble Supreme Court clarified in MA No. 1577/2020 vide order dated 15.10.2020, any stay order passed by any Court cannot remain effective beyond six months unless a specific order has been passed by the Court.
No.16495/Gen
GAD-SC-CASE1-0032-2021
Government of Odisha
General Administration & Public Grievance Department
*****
Bhubaneswar, Dated 29 th June, 2021

To
        All Departments of Government,
        All Heads of Departments,
        All Collectors.

Sub- Vacation of stay after six months from the date of such order unless extension is granted for good reason - Instruction regarding.

     ln inviting reference to the subject cited above, I am directed to say that matters remain in dead lock for months together due to the stay order passed by the Hon'ble Courts.

        The Hon'ble High Court, Orissa, while disposing the W.P. (C) No. 2863 of 2021 (State of Odisha & others Vrs Shibashis Kar) vide Order No.03 dated 19.03.2021, citing the authority of the Hon'ble Supreme Court have observed that as per decision of the Hon'ble Supreme Court held in case of Asian Resurfacing of Road Agency Private Ltd. and another v. Central Bureau of Investigation in Criminal Appeal No. 1375- 1376/2013 and clarified in MA No. 1577/2020 vide order dated 15.10.2020, any stay order passed by any Court cannot remain effective beyond six months unless a specific order has been passed by the Court.
        It is, therefore, requested that the above observation of the Hon'ble Supreme Court may be kept in view while dealing with such matters.
        The subordinate offices under their control may be intimated accordingly.

Additional Secretary to Government

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(No.16495 Dt.29.06.2021)

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