An application seeking restoration of a writ petition was dismissed for excessive delay of 312 days, which was not satisfactorily explained. The court relied on State of Orissa v. Bishnupriya Routray and refused to condone the delay, leading to dismissal of the application and the underlying case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMAPL No. 368 of 2018
CMAPL No.368 of 2018 And I.A. No.164 of 2018
02 11.07.2019
Heard learned counsel for the petitioner.
This CMAPL has been filed for restoration of W.P.(C) No.8323 of 2009 by recalling the order dated 12.02.2015 and 11.08.2017 passed in CMAPL No.141 of 2014.
This application has been filed after a delay of 312 days. On perusal of the records, there is delay of 312 days in filing the CMAPL application and each day delay has not been properly explained. More so, the only reason has been assigned that it is a transfer brief and due to illness of learned counsel for the petitioner, the petitioner could not take steps and could not intimate it to other counsel to take steps in the Court.
In view of the judgment passed by this Court in
State of Orissa and another v. Bishnupriya Routray and another , 118 (2014) CLT 588, this Court is not inclined to condone the delay of 312 days in filing the CMAPL application.
Accordingly, misc. case stands dismissed and consequentially, CMAPL stands dismissed.
��������� Dr. B.R. Sarangi,J.
Alok
1 issue framed by the court
Whether an application for restoration of a writ petition filed after a delay of 312 days should be condoned in light of the judgment in State of Orissa v. Bishnupriya Routray?
Colour shows how this judgement treated each authority
State of Orissa and another v. Bishnupriya Routray and anotherRelied on¶7
State of Orissa and another v. Bishnupriya Routray and another, 118 (2014) CLT 588
State of Orissa (implied)
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
