Rasmi Ranjan Samal vs State Of Odisha & Ors
2023 Latest Caselaw 8291 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No. 20105 of 2023

           Rasmi Ranjan Samal                  ....               Petitioner
                                                         Mr. S.K. Padhi, Advocate

                                             -versus-

           State of Odisha & Ors.              ....              Opposite Parties
                                                              Mr. S.K. Samal, AGA

                               CORAM:
                  JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

31.07.2023 Order No

03. I.A. No. 11213 of 2023

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Though this application has been filed seeking modification of order dtd.14.07.2023, but taking into account the nature of prayer made in the application, this Court is inclined to recall the order dtd.14.07.2023.

3. I.A. is disposed of.

(Biraja Prasanna Satapathy) Judge

04. W.P.(C) No. 20105 of 2023

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. On the oral prayer made by Mr. S.K. Padhi, learned counsel for the Petitioner, he is permitted to correct the cause title in Court today.

// 2 //

3. Heard Mr. S.K. Padhi, learned counsel for the Petitioner and learned State Counsel.

4. Mr. S.K. Padhi, learned counsel for the petitioner contended that the case of the petitioner is covered by the judgment of the apex Court in the case of Malaya Nanda Sethy v. State of Orissa, Civil Appeal No. 4103 of 2022 disposed of on 20.05.2022. Therefore, this writ petition may be disposed of in the light of the aforesaid order.

5. Learned State Counsel does not dispute the position.

6. In the above view of the matter, this Court while disposing the writ petition quash the impugned order dated 21.08.2021 under Annexure-9 and directs the opposite party no.1 to consider the case of the petitioner in the light of the judgment passed by the apex Court in the case of Malaya Nanda Sethy (supra) and pass appropriate order in accordance with law within a period of two (2) months from the date of production of certified copy of this order.

The Writ Petition is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge Sneha

Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Aug-2023 13:48:41