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Orissa High Court

Sanjaya Kumar Das vs State Of Orissa And Others on 5 July, 2023

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 FAO No. 529 of 2019


             Sanjaya Kumar Das                            ....         Appellant
                                   M/s. K. K. Swain and associates, Advocates
                                          -versus-

             State of Orissa and others                  ....      Respondents
                                                  Mr. Arnav Behera, ASC and
                                                M/s. A. K. Das and associates,
                                          Advocates for Respondent 4-Caveator



                         CORAM:
                         THE CHIEF JUSTICE

                                           ORDER

Order No.                                 05.07.2023

            I.A. No.1549 of 2019

03. 1. For the reasons started therein, the application for condonation of delay in filing the recall application is allowed.

2. In view of the judgment dated 25th February, 2021 in State of Odisha v. Bichitrananda Mohapatra 2021 (I) OLR- 664, the order in question passed in the FAO is hereby recalled and the corresponding FAO is restored to file. The I.A. is accordingly disposed of.

3. Issue Notice. Learned Additional Standing Counsel appearing for Respondent Nos.1 and 2 accepts notice for State. Learned counsel for the Appellant shall serve an extra copy of the present appeal on the Page 1 of 1 learned counsel appearing for Respondent Nos.1 and 2 within three days. Let an extra copy of the present appeal be served on learned counsel for Respondent No.4-Caveator within three working days.

4. Notice to Respondent No.3 be issued by Speed/Registered Post with A.D., making it returnable before the next date. Requisites be filed within three working days. The tracking report be placed on record before the next date.

5. It is pointed out that the present appeal is required to be allowed in view of the judgments of the Supreme Court of India in State of Odisha v. Anup Kumar Senapati (2019) 19 SCC 626, judgment dated 29th October, 2021 of the Division Bench of this Court in W.A. No.401 of 2021 (Secretary, Government of Odisha v. Jashobanta Baral) and the judgment of the learned Single Judge dated 7th February, 2023 in FAO No.659 of 2014 (State of Odisha v. Minaketan Behera).

6. Learned counsel for the parties shall examine the above judgments and make submissions on the next date.

7. List along with FAO No.491 of 2019 on 17th July, 2023.

(Dr. S. Muralidhar) Chief Justice M. Panda Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Page 2 of 2 Designation: Personal Assistant Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Jul-2023 11:23:12