Dinabandhu Naik And Others vs Commissioner-Cum-Secretary To ..... ...
2024 Latest Caselaw 10439 Ori

Orissa High Court

Dinabandhu Naik And Others vs Commissioner-Cum-Secretary To ..... ... on 24 June, 2024

Author: B.R. Sarangi

Bench: B.R. Sarangi

              IN THE HIGH COURT OF ORISSA, AT CUTTACK
                               W.P.(C) No. 3864 of 2023

Dinabandhu Naik and others                .....                                  Petitioners
                                                                Mr. A. Pradhan, Advocate
                                          Vs.
Commissioner-cum-Secretary to             .....                             Opposite Parties
Government of Odisha and others
                                                                    Mr. R.N. Mishra, AGA
              CORAM:
                  DR. JUSTICE B.R. SARANGI


                                                 ORDER

24.06.2024

Order No. I.A. No. 3579 of 2023

03. This matter is taken up through hybrid mode.

2. This application has been filed for correction of the typographical error.

3. Learned counsel for the petitioners contended that though the case of the petitioners is covered by the decision of this Court in the case of State of Odisha v. Saraswati Bhoi, W.P.(C) No. 7281 of 2018 disposed of on 24.06.2022, but inadvertently in the order dated 10.02.2023, it has been reflected that the case of the petitioner is covered by the judgment rendered in Sarat Chandra Parida v. State of Odisha, 2015 (II) ILR-CUT

94.

4. Mr. R.N. Mishra, learned Additional Government Advocate raised no objection to such contention made by learned counsel for the petitioners.

5. In view of the above, the order dated 10.02.2023 passed in this writ petition is recalled and a fresh order incorporating necessary correction is passed today.

Arun                                                         (DR. B.R. SARANGI)
                                                                 JUDGE


                     Order No                     W.P.(C) No. 3864 of 2023

This matter is taken up through hybrid mode.

2. Heard learned Counsel for the parties.

3. It is agreed by learned counsel for the parties that the issue involved in this case is analogous to one involved in W.P.(C) No.7281 of 2018 (State of Odisha v. Saraswati Bhoi) and W.P.(C) No.4848 of 2021 (State of Odisha v. Nilamani Behera), which have been disposed of vide common Judgment dated 24.06.2022 by the Division Bench of this Court.

4. Therefore, in view of the detailed reasons stated in the Judgment dated 24.06.2022 passed in Saraswati Bhoi and Nilamani Behera (supra), this writ petition stands disposed of in terms of the said Judgment.

5. Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE

Designation: ADR-cum-Addl. Principal Secretary

Location: High Court of Orissa Date: 27-Jun-2024 16:09:12