State of Odisha & Ors. v. Sarat Kumar Barik

Appellants Mr. Biplab Mohanty, AGA Respondent M/s. T.K. Nayak, Advocate CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE SIBO SANKAR MSHRA ORDER 18.01.2024 Order No. 04.

#3. This matter is taken up by hybrid mode. Heard. The State-appellants have filed this writ appeal seeking to quash the order dated 05.05.2023 passed by the learned Single Judge in W.P.(C) No.13961 of 2023.

#4. Mr. B. Mohanty, learned Addl. Government Advocate appearing for the State-appellants contended that after remand, the applicability of ratio decided in Sarat Chandra Parida’s case, reported in 2015 (II) ILR-CUTTACK 94, has been reconsidered by the learned Single Judge in W.P.(C) No.17067 of 2023 and batch (Hemant Kumar Chhotaray v. State of Odisha and others), disposed of on 12.01.2024.

#5. In view of the above submission, the order dated

05.05.2023 passed by the learned Single Judge in W.P.(C) No.13961 of 2023 is set aside and the matter is remitted to the learned Single Judge to dispose of the writ petition in terms of the judgment dated 12.01.2024 passed in W.P.(C) No. 17067 of 2023 and batch.

#6. Accordingly, the writ appeal stands disposed of. (DR. B.R. SARANGI) ACTING CHIEF JUSTICE (S.S. MISHRA) JUDGE Arun(SKR) Signature Not Verified Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: Orissa High Court Date: 19-Jan-2024 11:27:03