Sumanta Kumar Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Sumanta Kumar Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 1378 days in filing the appeal condoned subject to payment of Rs.1200/- to the Orissa High Court Bar Association Welfare Fund; order dated 26.02.2026 recalled; FAO No.90 of 2023 disposed of in the light of the judgment dated 19.03.2025 in FAO No.509 of 2014 and batch, with liberty to counsel for the State to seek variation/modification if the coverage submission is found wrong.

Issue for consideration

Whether the issue raised in FAO No.90 of 2023 is covered by the judgment of this Court dated 19.03.2025 in FAO No.509 of 2014 and batch, permitting disposal of the appeal in its light.

Court's answer

On the joint submission of counsel that the issue involved is covered by the judgment dated 19.03.2025 in FAO No.509 of 2014 and batch, FAO No.90 of 2023 is disposed of in the light of that judgment; liberty is granted to counsel for the State to seek variation/modification of the order if that submission is found wrong.

Ratio / Principle

The order dated 26.02.2026 is recalled and I.A No.197 of 2026 (filed seeking its modification) is disposed of accordingly.

Key takeaways

Delay of 1378 days in filing FAO No.90 of 2023 is condoned subject to payment of cost of Rs.1200/- before the Orissa High Court Bar Association Welfare Fund; I.A No.140 of 2023 stands disposed of.ratio¶21

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, FAO No.90 of 2023 (Sumanta Kumar Behera v. State of Odisha & Ors.), order dated 12.03.2026 by Hon'ble Mr. Justice Aditya Kumar Mohapatra: (i) I.A No.197 of 2026 seeking modification of the Court's order dated 26.02.2026 resulted in that order being recalled, and the I.A was disposed of; (ii) I.A No.140 of 2023 for condonation of delay of 1378 days in filing the appeal was disposed of with the delay condoned subject to payment of cost of Rs.1200/- before the Orissa High Court Bar Association Welfare Fund; and (iii) on counsel's joint submission that the issue involved is covered by the judgment of this Court dated 19.03.2025 in FAO No.509 of 2014 and batch, the FAO was disposed of in the light of that judgment, with liberty reserved to counsel for the State to seek variation/modification of the order if the coverage submission is found wrong.

IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.90 of 2023

Sumanta Kumar Behera

.....

Appellant

Represented by Adv. - Durgesh Narayan Rath

-versus-

State Of Odisha & Ors. ..... Respondents

Represented by Adv. – U.C. Jena, A.S.C. (for R-1 & R-2)

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

12.03.2026

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

I.A No.197 of 2026

This I.A has been filed by the learned counsel for the Appellant seeking modification of order dated 26.02.2026.

Considering the submissions made by learned counsel for the Appellant, the order dated 26.02.2026 is hereby recalled.

Accordingly, the I.A is disposed of.

I.A No.140 of 2023

This is an application for condonation of delay.

Taking into consideration the grounds taken in the petition for condonation of delay of 1378 days, this Court is inclined to condone the delay subject to payment of cost of Rs.1200/- (Rupees

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Anil

One Thousand Twelve Hundred) to be paid before the Orissa High Court Bar Association Welfare Fund.

The I.A stands disposed of.

FAO No.90 of 2023

8. Heard learned counsel appearing for the parties.

It is contended by the learned counsels 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.

In view of such submissions made by the learned counsels appearing for the parties, the present FAO is disposed of in the light of judgment so passed in FAO No.509 of 2014 and batch. Further, liberty is granted to the learned counsel for the State to seek for variation/ modification of the order in the event it is found that the aforesaid submission made by the learned counsel appearing for the Appellant is wrong.

( A.K. Mohapatra ) Judge

Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 13-Mar-2026 19:29:56