Hemananda Digal vs State Of Odisha And
2023 Latest Caselaw 4699 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.13202 of 2023
        Hemananda Digal                  ....                    Petitioner
                                                  Mr. J.K. Digal, Advocate
                                      -versus-
        State of Odisha and
        Others                           ....               Opposite Parties
                                                      Mr. R.N. Mishra, AGA
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

27.04.2023 Order No.

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

2. Heard learned counsel for the parties.

3. Mr. J.K. Digal, learned counsel for the petitioner contended that the case of the petitioner is covered by the judgment of the Apex Court in the case of Malayananda Sethy v. State of Orissa, Civil Appeal No.4103 of 2022 disposed of on 20.05.2022. Therefore, this Writ Petition may be disposed of in the light of the aforesaid order.

4. Mr. R.N. Mishra, learned Addl. Govt. Advocate does not dispute the position.

5. In the above view of the matter, this Court while quashing the order dtd. 16.10.2021, so passed under Annexure-2 remits the matter to the Opposite Party No.2 to consider the claim of the petitioner in the light of the // 2 //

decision in the case of Malayananda Sethy (supra) and pass appropriate order within a period of 2 (two) months from the date of receipt of this order.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev