Petitioners sought restoration of a writ petition dismissed for default over five and a half years earlier, along with condonation of delay. Relying on precedent that no limitation applies to restoration applications under Articles 226 and 227, the court held condonation unnecessary but found the delay unjustified and dismissed the application.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMAPL No. 203 of 2024
Jharana Behera and Another
…. Petitioners
Mr. Purna Chandra Das, Advocate
-versus-
…. Union of India and Others Opposite Parties Mr. P.K. Parhi, Deputy Solicitor General
CORAM:
HON’BLE THE CHIEF JUSTICE HON’BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No.
07.10.2024
CMAPL No.203 of 2024 and I.A. No.265 of 2024
This matter is taken up through Hybrid mode.
Page 1 of 2
the case of Batakrushna Behera and Others vrs. State of Orissa and Others reported in 74 (1992) CLT 337, which lays down that the Rules under the Orissa High Court Order, 1948 do not prescribe any limitation period for filing an application for restoration of a writ petition under Articles 226 and 227 of the Constitution of India in case it is dismissed for default.
(Chakradhari Sharan Singh) Chief Justice
(Savitri Ratho)
Judge
SK Jena/Secy.
Signature Not Verified
Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 22-Oct-2024 13:15:02
Page 2 of 2
1 issue framed by the court
Whether the restoration application for a writ petition dismissed for default is barred by limitation and whether the delay of over five and a half years should be condoned.
Colour shows how this judgement treated each authority
Batakrushna Behera and Others vrs. State of Orissa and OthersApplied¶4
74 (1992) CLT 337
2 provisions across 2 enactments
Jharana Behera
Another
Union of India
Others
Chakradhari Sharan Singh
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
