Sumanta Kumar Behera vs State Of Odisha & Ors
2026 Latest Caselaw 2318 Ori

Orissa High Court

Sumanta Kumar Behera vs State Of Odisha & Ors on 12 March, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                               FAO No.90 of 2023
            Sumanta Kumar Behera          .....     Appellant
                                                           Represented by Adv. -
                                                           Durgesh Narayan Rath

                                         -versus-
            State Of Odisha & Ors.             .....                 Respondents
                                                         Represented by Adv. -
                                                         U.C. Jena, A.S.C. (for R-1
                                                         & R-2)

                                CORAM:
                  THE HON'BLE MR. JUSTICE ADITYA KUMAR
                              MOHAPATRA

                                         ORDER

12.03.2026 Order No.

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

2. This I.A has been filed by the learned counsel for the Appellant seeking modification of order dated 26.02.2026.

3. Considering the submissions made by learned counsel for the Appellant, the order dated 26.02.2026 is hereby recalled.

4. Accordingly, the I.A is disposed of.

5. This is an application for condonation of delay.

6. Taking into consideration the grounds taken in the petition for condonation of delay of 1378 days, this Court is inclined to condone the delay subject to payment of cost of Rs.1200/- (Rupees

One Thousand Twelve Hundred) to be paid before the Orissa High Court Bar Association Welfare Fund.

7. The I.A stands disposed of.

8. Heard learned counsel appearing for the parties.

9. It is contended by the learned counsels appearing for the Parties that the issue involved in the present appeal is covered by the judgment of this Court so passed on 19.03.2025 in FAO No.509 of 2014 and batch.

10. In view of such submissions made by the learned counsels appearing for the parties, the present FAO is disposed of in the light of judgment so passed in FAO No.509 of 2014 and batch. Further, liberty is granted to the learned counsel for the State to seek for variation/ modification of the order in the event it is found that the aforesaid submission made by the learned counsel appearing for the Appellant is wrong.

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 13-Mar-2026 19:29:56