Bijay Kumar Rath vs State Of Odisha And Others
2023 Latest Caselaw 8095 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   FAO No. 738 of 2018

             Bijay Kumar Rath                          ....          Appellant
                                     M/s. U.K. Sahoo, Advocate & Associates
                                         -versus-

             State of Odisha and others               ....       Respondents
                                           Mr. Arnav Behera, A.S.C. for State

                          CORAM:
                          THE CHIEF JUSTICE

                                         ORDER

Order No.                               24.07.2023
            I.A. No.1438 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 impugned order passed in the FAO No.738 of 2018 is hereby recalled and the said FAO is restored to file.

FAO No.738 of 2018

2. Issue Notice to Respondent Nos.3 to 5 through Registered/Speed Post with A.D., making it returnable before the next date. Requisites for which shall be filed within three working days. The tracking report be placed on record before the next date.

3. Copies of the aforementioned FAO be served on learned Additional Standing Counsel for State within three working days. It is pointed out that this appeal 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. List on 14th August, 2023.

(Dr. S. Muralidhar) Chief Justice S. Behera

Signature Not Verified

Signed by: SUMANTA BEHERA Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Jul-2023 12:42:54