Citation : 2023 Latest Caselaw 7334 Ori
Judgement Date : 5 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No. 310 of 2017
State of Orissa and another .... Appellants
Mr. Arnav Behera, ASC
-versus-
Ranjan Kumar Dalabehera and .... Respondents
another
M/s. S. Pattnaik and associates,
Advocates for Respondent No.1
CORAM:
THE CHIEF JUSTICE
ORDER
Order No. 05.07.2023
I.A. No.1475 of 2019
04. 1. In view of the judgment dated 25th February, 2021 in State of Odisha v. Bichitrananda Mohapatra 2021 (I) OLR- 664, the order in question passed in the FAO is hereby recalled and the corresponding FAO is restored to file. The I.A. is accordingly disposed of.
FAO No.310 of 2017
2. Notice to Respondent No. 2 be issued by Speed/Registered Post with A.D., making it returnable before the next date. Requisites be filed within three working days. The tracking report be placed on record before the next date.
3. It is pointed out that the present appeal is required to be allowed in view of the judgments of the Supreme Court of India in State of Odisha
v. Anup Kumar Senapati (2019) 19 SCC 626, judgment dated 29th October, 2021 of the Division Bench of this Court in W.A. No.401 of 2021 (Secretary, Government of Odisha v. Jashobanta Baral) and the judgment of the learned Single Judge dated 7th February, 2023 in FAO No.659 of 2014 (State of Odisha v. Minaketan Behera).
4. Learned counsel for the parties shall examine the above judgments and make submissions on the next date.
5. List along with FAO No.491 of 2019 on 17th July, 2023.
(Dr. S. Muralidhar) Chief Justice
M. Panda
Signature Not Verified Digitally Signed
Designation: Personal Assistant Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Jul-2023 11:23:11
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