Puspak Mohapatra vs State Of Odisha & Others
2023 Latest Caselaw 8868 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.24608 of 2023

      Puspak Mohapatra                  ....                     Petitioner
                                                        Mr. D.K. Mohanty,
                                                                 Advocate



                               -versus-
      State of Odisha & Others       ....             Opposite Parties
                                                     State Counsel




                            COROM:
              JUSTICE BIRAJA PRASANNA SATAPATHY

                                   ORDER

07.08.2023 Order No

01. 1. This matter is taken up through Hybrid Mode.

2. Heard learned counsel for the parties.

3. Mr. P. Mohapatra, 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 Malaya Nanda 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. Learned State Counsel does not dispute the position.

5. In the above view of the matter, this Court while disposing the writ petition quash the impugned order dated 07.06.2023 under Annexure-5 and directs the opposite party no.3 to consider the case of the petitioner in the light of the judgment passed by the apex Court in the case of Malaya Nanda Sethy (supra) and pass appropriate order in accordance with law within a period of two (2) months // 2 //

from the date of production of certified copy of this order.

The Writ Petition is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge

Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: ..

Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Aug-2023 11:26:47