Alok Kumar Naik vs State Of Odisha And
2023 Latest Caselaw 12842 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.34088 of 2023
        Alok Kumar Naik                     ....                   Petitioner
                                                     Mr. N. Nayak, Advocate
                                         -versus-
        State of Odisha and
        Others                              ....               Opposite Parties
                                                         Mr. B. Panigrahi, ASC

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                          ORDER

17.10.2023 Order No.

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

2. Heard Mr. N. Nayak, learned counsel for the petitioner and Mr. B. Panigrahi, learned Addl. Standing Counsel for the State.

3. Mr. N. Nayak, 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.

4. Learned State Counsel does not dispute the position.

5. In the above view of the matter, this Court while disposing the writ petition quash the impugned order dated 21.09.2023 under Annexure-10 and directs the // 2 //

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

Basudev

Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 20-Oct-2023 13:53:31