Orissa High Court

State Of Odisha vs Dwitiya Bhoi And Others on 6 May, 2025

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 WA No.2604 of 2023
                 State of Odisha               ....      Appellant
                          Mr. Bimbisar Dash, Additional Government Advocate
                                          -versus-
                 Dwitiya Bhoi and others             ....        Respondents
                                            Ms. Saswati Mohapatra, Advocate
                                          CORAM:
                           THE HON'BLE THE CHIEF JUSTICE
                                             AND
                 THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
                                          ORDER

Order No. 06.05.2025

06. This matter is taken up through Hybrid mode.

2. On going through order dated 11.08.2023 passed by the Single Bench in W.P.(C) No.7974 of 2023, it is revealed from paragraph-7 thereof that the learned Single Bench has noticed the contention of the petitioner therein and observed that "Learned counsel for the petitioner also contended that the decision of this Court in the case Patitapaban Dutta Dash vrs. State of Odisha and others, W.P.(C) No.19951 of 2020 has already been taken by the division Bench of this Court. Therefore, the law laid down in the case of Patitapaban Dutta Dash vrs. State of Odisha and others (supra) attains finality".

3. Taking note of such contention, the Single Bench has directed the opposite parties in the said writ petition to consider the case of the petitioner. Now, the opposite parties against the order passed in the writ petition have come up before this Court by way of the instant writ appeal contending that the very judgment which is relied upon by the Single Bench, i.e., Patitapaban Dutta Dash vrs. State of Odisha and others (supra) is sub judice before the Supreme Court in SLP(C) No.16949 of 2023.

4. It is felt apt to await finalization of the aforesaid SLP(C) No.16949 of 2023.

5. This matter is adjourned to 30th June, 2025.

6. As an interim measure it is directed that till the next date of listing the direction contained in order dated 11.08.2023 passed in W.P.(C) No.7974 of 2023 vide Annexure-1 shall not be given effect to.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge MRS/Laxmikant

Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-May-2025 10:56:17