Basanta Kumar Padhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 1410 of 2019 Basanta Kumar Padhi .....

Petitioner Mr. B.K. Sharma, Advocate Vs.

State of Odisha and others .....

Opposite parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

09.12.2022 Order No.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the parties.

3.

Learned counsel for the petitioner contended that the ratio of the decision of this Court in the case of Sucharita Mohanty @ Mohapatra and others (W.P.(C) No. 27367 of 2020 decided on 21.12.2021) and Patitapaban Dutta Dash and others v. State of Odisha and others (W.P.(C) No. 19951 of 2020 decided on 09.09.2021 is fully applicable to the present case. Therefore, the case of the petitioner may be considered keeping in view the principle decided in the said case. Learned counsel for the state has no objection to the said submission of learned counsel for the petitioner.

4.

In view of the above, this writ petition stands disposed of directing the opposite party no.1 to consider the case of the petitioner in the light of the principle decided in the case of Sucharita Mohanty & Patitapaban Dutta Dash (supra) and accordingly extend the benefit to the petitioner within a period four months from the date of communication of the order.

Arun (DR. B.R. SARANGI, J.)