Gadadhar Mohapatra vs State Of Orissa And Others
2023 Latest Caselaw 7355 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 FAO No. 305 of 2012


             Gadadhar Mohapatra                           ....         Appellant
                                      M/s. S. K. Das and associates, Advocates
                                          -versus-

             State of Orissa and others                  ....       Respondents
                                                      Mr. Arnav Behera, ASC,
                                          M/s. D. K. Mohapatra and associates,
                                           Advocates for Respondent No.4 and
                                                M/s. D. P. Dash and associates,
                                               Advocates for Respondent No.3



                         CORAM:
                         THE CHIEF JUSTICE

                                           ORDER

Order No.                                 05.07.2023

            I.A. No.1345 of 2019

08. 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.305 of 2012

2. Issue Notice. Since learned Additional Standing Counsel accepts notice for Respondent Nos.1, 2 and 5, M/s. D. K. Mohapatra and associates, Advocates, accept notice for Respondent No.4 and M/s. D. P. Dash and associates, Advocates accept notice for Respondent No.3,

learned counsel for the Appellant shall serve extra copies of the present appeal on them within three working days.

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 11:23:10