State Of Odisha And Another vs Mahendra Kumar Swain And Another
2023 Latest Caselaw 7535 Ori

                             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                             FAO No. 631 of 2019

                    State of Odisha and Another                    ....       Appellants
                                         Mr. S.K. Samal, Addl. Govt. Advocate
                                           -versus-
                    Mahendra Kumar Swain and Another     ....      Respondents
                                                   Mr. Sangram Jena, Advocate


                    CORAM:
                    THE CHIEF JUSTICE

                                                   ORDER

Order No. 13.07.2023 I.A. No.1253 of 2019

03. 1. In view of the judgment dated 25th February, 2021 in State of Odisha v. Bichitrananda Mohapatra 2021 (I) OLR- 664, the impugned order passed in the FAO No.631 of 2019 is hereby recalled and the said FAO is restored to file. Consequently, the application is disposed of.

FAO No.631 of 2019

2. It is pointed out by learned counsel for the State that this 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

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Jul-2023 10:01:50 the learned Single Judge dated 7th February, 2023 in FAO No.659 of 2014 (State of Odisha v. Minaketan Behera).

3. List along with FAO No.491 of 2019 on 17th July, 2023.

(Dr. S. Muralidhar) Chief Justice

SK Jena/Secy.

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Jul-2023 10:01:50