Orissa High Court
WP(C)/25016/2026 of UDAYAN SARATHI BEHERA Vs STATE OF ODISHA on 11 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25016 of 2026 ODHC010577182026 Udayan Sarathi Behera ..... Petitioner Represented by Mr.S.S.Das, Advocate -versus- State of Odisha and others ..... Opposite Parties Represented by Mr. G. Mohanty, S.C. CORAM: JUSTICE SASHIKANTA MISHRA Order No.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.25016 of 2026
ODHC010577182026
Udayan Sarathi Behera
.....
Petitioner
Represented by
Mr.S.S.Das,
Advocate
-versus-
State of Odisha and others
.....
Opposite Parties
Represented by
Mr. G. Mohanty, S.C.
CORAM:
JUSTICE SASHIKANTA MISHRA
Order No.
ORDER
11.9.2026.
02. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned Standing Counsel for the State.
3. Learned State counsel has obtained specific instructions that an application for substitution was indeed filed by the petitioner in the court below on 22.3.2022. It is fairly submitted that no order on such petition was passed. Such being the factual
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position, it is evident that the impugned order is rendered a nullity having been passed against a dead person without considering the application filed for his substitution.
4. The Writ Petition is therefore, allowed. The impugned order is set aside. The matter is remanded to the learned Member, Board of Revenue to consider the revision afresh from the stage of filing of the petition for substitution. Since the revision filed is of the year 2026, learned Member shall make an endeavour for its early disposal, preferably within two months from the date of production of certified copy of this order by the petitioner.
(Sashikanta Mishra) Judge AKB
Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Sep-2026 17:12:58 Signature Not Verified
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