Orissa High Court
WA/448/2026 of JAMESWAR MISHRA Vs STATE OF ODISHA on 22 June 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WA No.448 of 2026 Jameswar Mishra …. Appellant Mr. Bhabani Sankar Tripathy, Senior Advocate assisted by Mr. Manoranjan Kar, Advocate -versus- State of Odisha and others …. Respondents Mr. Debashis Tripathy, AGA CORAM: THE HON’BLE THE
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No.448 of 2026
Jameswar Mishra
….
Appellant
Mr. Bhabani Sankar Tripathy, Senior Advocate assisted by Mr. Manoranjan Kar, Advocate
-versus-
State of Odisha and others
….
Respondents
Mr. Debashis Tripathy, AGA
CORAM:
THE HON’BLE THE CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
22.06.2026
02.
1. The instant appeal is filed at the behest of the writ petitioner solely on the premise that though the direction is passed upon the authority to consider the case afresh in the light of the judgment rendered by the apex Court, as disclosed therein, there is every possibility that the authority would proceed with the close mind and replicate the earlier decision, which was impugned in the said decision.
2. The Single Bench while disposing of the writ petition, observed as follows:- “8.1. It is further observed that while taking such a decision, the relevancy and effect of the judgments so cited (supra) be taken into consideration in its proper prospective. Petitioner is permitted to enclose the judgments so relied on by him along with his representation before Opp. Party No.2 for compliance. Opp. Party No.2 is directed to take a lawful decision within a period of three (3) months from the date of receipt of the representation. Petitioner is permitted to make the representation within a period of three (3) weeks hence.”
3. The reading of the aforesaid observation leaves no ambiguity in our mind that the moment the matter is reverted to the authority for taking a fresh decision, it ruled out the possibility of replicating the earlier decision, which would tantamount to non-application of mind.
4. We, thus, do not find that the apprehension shown by the writ petitioner in this regard has any justification. Accordingly, the writ petition is dismissed.
(Harish Tandon) Chief Justice
(M.S. Raman) Judge MRS/Laxmikant Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Jun-2026 18:36:32 Signature Not Verified