State Of Odisha And Another vs Manmatha Kumar Jena And Another
2023 Latest Caselaw 7556 Ori

                                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                FAO No. 352 of 2018

                       State of Odisha and Another                    ....       Appellants
                                            Mr. S.K. Samal, Addl. Govt. Advocate
                                             -versus-
                       Manmatha Kumar Jena and Another     ....       Respondents
                                              Mr. Kishore Ch. Pradhan, Advocate
                                                  Dr. Binod Kr. Mishra, Advocate


                       CORAM:
                       THE CHIEF JUSTICE

                                                      ORDER

Order No. 13.07.2023 I.A. No.657 of 2022 and I.A. No.656 of 2022

03. 1. For the reasons stated in the application, delay in filing the recalling application is allowed.

2. 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.352 of 2018 is hereby recalled and the said FAO is restored to file.

3. The applications are accordingly disposed of.

FAO No.352 of 2018

4. 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)

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 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).

5. 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