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2023 DAILYLAW 757 (ORI)

STATE OF ODISHA v. MINAKETAN SAHOO

WA/2285/2023 · 2026-05-19

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2023

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A No.2285 OF 2023 State of Odisha and another …. Appellants Mr. Siba Narayan Biswal, Additional Standing Counsel -versus- Minaketan Sahoo …. Respondent Mr. Atul Tripathy, Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 19.05.2026 6. 1. This matter is taken up through hybrid mode. 2. This Intra-Court Appeal has been filed assailing the order dated 15th September, 2021 passed by this Court in W.P.(C) No.20003 of 2020. 3. Mr. Tripathy, learned counsel for the Respondent submits that the ratio in the case of Patitapaban Dutta Dash and others –v- State of Odisha and others (W.P.(C) No.19951 of 2020), disposed of on 9th September, 2021, is squarely applicable to this case. The said order was challenged by the State Government in W.A No.777 of 2021 and was confirmed by this Court. Assailing the same, the State Government preferred SLP(C) No.17482 of 2023, which was disposed of without interfering with the order passed in the Writ Appeal. p. 2 3. Taking note of the same, this Court had directed Mr. Biswal, learned Additional Standing Counsel to examine as to whether the ratio in the case of Patitapaban Dutta Dash and others (supra) is applicable to the case at hand or not. 4. Mr. Biswal, learned Additional Standing Counsel, on instruction, submits that the ratio in the case of Patitapaban Dutta Dash and others (supra) is squarely applicable to the instant case. Hence, the State Government has taken a decision to implement the order impugned herein. 5. In view of the above, the Writ Appeal does not warrant any indulgence. 6. Accordingly, the Writ Appeal stands dismissed. 7. It is expected that the order passed in W.P.(C) No. 20003 of 2020 shall be implemented within a period of three months hence. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Himansu Judge