Sabitri Rout vs State Of Odisha And Others
2023 Latest Caselaw 14089 Ori

           IN THE HIGH COURT OF ORISSA AT CUTTACK

                      W.P.(C) (OAC) No.3485 of 2015

      Sabitri Rout                             ....                    Petitioner
                                                    Mr. J.K. Rath, Sr. Advocate


                              -versus-
      State of Odisha and Others
                                  ....                          Opposite Parties
                                                              Mr. S. Jena, AGA

                             CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

09.11.2023 Order No.

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

2. Heard learned counsel appearing for the Parties.

3. Pursuant to the order dtd.10.10.2023, Mr. J.K. Rath, learned Senior Counsel though prays for some time to comply the direction of this Court, but Mr. S. Jena, learned Addl. Government Advocate for the State contended that since the order the benefit of which the Petitioner is relying is passed against a dead person it is a nullity in the eye of law.

4. In support of his submission, Mr. Jena, produced before this Court the judgment passed by the Hon'ble Apex Court in the case reported in 2017 (13) SCC-414 and another decision of the High Court of Madhya Pradesh passed in Second Appeal No. // 2 //

No.1171/2014. Copies of the said judgment be kept in record.

5. As requested by Mr. Rath, learned Senior Counsel for the Petitioner, list this matter on 24.11.2023.

(Biraja Prasanna Satapathy) Judge

Subrat

Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Nov-2023 11:39:38