Tushar Kanta Mohanty vs State Of Odisha And Another
2023 Latest Caselaw 7455 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                RVWPET No.355 of 2019
                 Tushar Kanta Mohanty                  ....          Petitioner
                                                        Mr.S.K.Das. Advocate
                                           -versus-
                 State of Odisha and another           ....      Opposite Parties
                                                            Mr.T.Patnaik, A.S.C.

                                        CORAM:

                           JUSTICE A.K. MOHAPATRA
                                            ORDER

Order No.                                 06.07.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the review Petition as well as the documents annexed thereto.

3. On perusal of the records, it appears that the S.R. has appointed out certain defects. Learned counsel for the Petitioner undertakes to remove such defects by tomorrow (07.07.2023).

4. At the outset, it is submitted by the learned counsel for the Petitioner that order dated 16.10.2019 has been passed by coordinate Bench of this Court without hearing the appellant in FAO No.469 of 2019. He further contended that the aforesaid order was passed in FAO in absence of the appellant's counsel as well as Respondents' counsel. The order sheet reveals that only the Petitioner was present in person. He further submitted that the Petitioner, who was not well versed with the proceeding of the Court, did not submit anything and he was there to seek time as lawyers were on strike on that date. However, learned coordinate Bench in absence of the counsel for // 2 //

both sides disposed of the appeal referring to the judgment of the Hon'ble Supreme Court passed in Civil Appeal No.7295 of 2019 in the matter of State of Odisha and another v. Anup Kumar Senapati and another disposed of on 16.09.2019. Learned coordinate Bench without hearing the counsels has come to a conclusion that the case of the Petitioner is covered by the aforesaid judgment in Anup Kumar Senapati's case. Accordingly, the said appeal was disposed of in the light of the judgment in Anup Kumar Senapati's case. On further perusal of the order sheet, it appears that neither the facts of the present case nor the law laid down in the aforesaid case has been discussed.

5. Learned counsel for the Petitioner further referring to Paragraph-7 of the order dated 16.102019 he contended that the learned coordinate Bench while passing the order dated 16.10.2019 granted liberty to the parties or any person aggrieved to file an application for revival of the appeal within 30 days from the date of that order. Learned counsel for the Petitioner further contended that instead of filing an application as directed in Paragraph-7 of the order dated 16.10.2019 the Petitioner has filed this Review Petition on 13.11.2019 which is within 30 days time granted by the learned coordinate Bench.

6. Learned Additional Standing Counsel for the State on the other hand submitted that the case of the Petitioner is covered by the aforesaid judgment, therefore, the coordinate Bench has rightly disposed of the matter. He however does not dispute the fact that the order has been passed in absence of the learned counsel for the appellant as well as respondents.

7. In view of the aforesaid background and in the manner in which the appeal has been disposed of, this Court is of the considered // 3 //

view that the parties be given opportunity of presenting their case in the appeal. Accordingly, the Review Application is allowed on such limited ground and the order dated 16.10.2019 is recalled. Further, the Registry is directed to list this matter before the appropriate assigned Bench for hearing of the appeal in accordance with law with the consent of the learned Judge presiding over the assigned Bench. It is however, made clear that this Court has not expressed any opinion on the merits of the case and the review is being allowed only as the learned counsel for the parties were not present when the order dated 16.10.2019 was passed.

8. With the aforesaid observation the Review Petition is disposed of.

9. Issue urgent certified copy of this order as pr Rules.

( A.K. Mohapatra ) Judge RKS

Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Jul-2023 18:19:11