Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.313 of 2018 State Of Orissa & Anr. ..... Appellants Represented by Adv. - Mr. C.M.Singh, A.S.C. -versus- Balaram Sahoo & Anr. ..... Respondents Represented by Adv. - m/s.s.n.sharma,p.k.ray,g.rout,m/s.sharmistha samal,s.samal CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 14.07.2026 I.A. No.1215 of 2019 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. This is an application at the instance of the Opposite Party- Respondent No.1 with a prayer to recall order dated 16.10.2019 passed in F.A.O. No.313 of 2018. 3. Learned counsel for the Respondent No.1 at the outset contended that a bench of this Court vide order dated 16.10.2019 disposed of the F.A.O. at the stage of admission after condoning the delay in terms of the judgment of the Hon’ble Supreme Court in the matter of State of Odisha and another vs. Anup Kumar Senapati and another decided in Civil Appeal No.7295 of 2019. While disposing of the appeal the respondents were Page 2 of 3. given liberty to seek for revival of the appeal. A perusal of the record reveals that the order dated 16.10.2019 was passed without providing an opportunity of hearing to the respondents with liberty to such respondents to seek revival of the appeal in the event the respondents feel aggrieved by order dated 16.10.2019. 4. Learned counsel for the Appellants at this juncture contended that the abovenoted order dated 16.10.2019 having been passed without providing opportunity of hearing to the respondents, is unsustainable in law. This Court is of the view that the order dated 16.10.2019 is liable to be recalled only on the aforesaid ground that the same has been passed without issuing notice to the Respondents. 5. Accordingly, I.A. stands allowed, order dated 16.10.2019 is hereby recalled. FAO No.313 of 2018 6. Heard learned counsel for the Appellants as well as the learned counsel for the Respondent. 7. It is contended by the learned counsel 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 which was eventually confirmed by the Hon’ble Supreme Court in SLP (C) No.6943 of 2026 vide order dated 25.03.2026. 8. In view of such submissions made by the learned counsel appearing for the parties, the present FAO is disposed of in the Page 3 of 3. light of judgment so passed in FAO No.509 of 2014 and batch. The disposal of the FAO is subject to the condition that the fact of the Petitioner’s case is covered by the ratio laid down by this Court in FAO No.509 of 2024. (A.K. Mohapatra) Judge Rubi