State Of Odisha & Others vs Chandan Singh Barik
2023 Latest Caselaw 15657 Ori

Citation : 2023 Latest Caselaw 15657 Ori
Judgement Date : 6 December, 2023

Orissa High Court

State Of Odisha & Others vs Chandan Singh Barik on 6 December, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WA No.2737 of 2023

State of Odisha & Others               .....                            Appellants
                                                         Mr.Biplab Mohanty, AGA
                                       Vs.
Chandan Singh Barik                    .....                         Respondent
                                                     Mr. Swapnil Roy, Advocate

             CORAM:
                 ACTING CHIEF JUSTICE DR. B.R. SARANGI
                 MR. JUSTICE MURAHARI SRI RAMAN

                                           ORDER

06.12.2023 I.A. No.8570 of 2023 Order No. This matter is taken up by hybrid mode.

02.

2. This application has been filed by the Respondent to recall the order dated 30.11.2023 passed in W.A. No.2737 of 2023.

3. On perusal of the order dated 30.11.2023, this Court finds that the writ appeal was disposed of in terms of the judgment of this Court in State of Odisha & Others vs. Bindusagar Samantaray; (W.A. No.810 of 2021) and batch. But in the present Interlocutory Application, the Respondent has taken a ground that learned Single Judge had directed to consider the case of the Respondent in the light of the decision in the case of Malayananda Sethy vs. State of Odisha (Civil Appeal No.4103 of 2022 disposed of on 20.05.2022).Accordingly, the present Appellant passed an order rejecting the claim of the Respondent. Challenging the said rejection order, Respondent filed another writ petition. According to him, all these facts have not been brought to the notice of this Court while disposal of the writ appeal.

4. Be that as it may, since this Court has already disposed of the writ appeal directing the Appellants to consider the case

of the Respondent in the light of the decision of the case of State of Odisha & Others vs. Bindusagar Samantaray (supra), this Court does not find any error in the said order to recall the same.

5. Thus, the I.A. stands dismissed.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE Aswini

Designation: PA(SECRETARY-IN-CHARGE)

Location: ORISSA HIGH COURT, CUTTACK Date: 07-Dec-2023 11:13:40