Disposed¶20

Pradeep Kumar Kanhar v. State of Odisha

Orissa HC26 Sept 2024CMAPL/769/2023

Case brief

AI extract

What is this about?

Restoration of writ petition dismissed for non-prosecution; condonation of delay; CMAPL No.769 of 2023; I.A. No.354 of 2023; W.P.(C) No.18946 of 2013 dismissed by order dated 03.02.2020; Pradeep Kumar Kanhar v. State of Odisha; Covid-19 pandemic; medical prescriptions; ill-health till 01.11.2023; empanelled in select list; not engaged against 51 numbers of vacant posts; Stamp Reporter report of inordinate delay; Additional Government Advocate objection; order recalled; writ petition restored to original position; High Court of Orissa at Cuttack; Justice Murahari Sri Raman; order dated 26.09.2024.

What did the court decide?

Delay in filing CMAPL No.769 of 2023 condoned; order dated 03.02.2020 passed in W.P.(C) No.18946 of 2013 recalled; W.P.(C) No.18946 of 2013 restored to its original position. ¶20

Pradeep Kumar Kanhar Vs State of Odisha — Orissa HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CMAPL No.769 of 2023

¶3

Pradeep Kumar Kanhar and others …. Petitioners

¶4

Ms. Anima Kumari Dei, Advocate

¶5

-versus-

¶6

…. State of Odisha and others Opposite Parties Ms. Saswata Patnaik, Additional Government Advocate

¶7

CORAM:

¶8

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

¶9

Order No. 05.

¶10

ORDER 26.09.2024

¶11

CMAPL No.769 of 2023 & I.A. No.354 of 2023

¶12

This matter is taken up through Hybrid Mode.

¶13

It is submitted by Ms. Anima Kumari Dei, learned counsel for the petitioner that against the dismissal of W.P.(C) No.18946 of 2013 for non-prosecution vide order dated 03.02.2020, she has filed CMAPL No. 769 of 2023 for restoration of W.P.(C) No.18946 of 2013 along with I.A. No. 354 of 2023 for condonation of delay.

¶14

Learned counsel for the petitioner further submitted that on account of “Covid-19” pandemic there was shut down just after February, 2020. She has also drawn attention to copies of medical prescriptions, whereby it is depicted that the petitioner was suffering ill-health till 01.11.2023. After recovery of the petitioner from sickness, he could file this Interlocutory

¶15

Page 1 of 2

¶16

Application seeking condonation of delay in filing CMAPL for restoration of W.P.(C) No. 18946 of 2013.

¶17

Ms. Saswata Patnaik, learned Additional Government Advocate objecting to such plea taken by the petitioner submitted that there is in-ordinate delay in filing CMAPL, as reported by the Stamp Reporter of the Registry, which should not warrant liberal consideration for the purpose of condonation of delay in filing the aforesaid CMAPL.

¶18

Considering the plight of the petitioner as submitted, it is seen that he was empanelled in the select list but he was not engaged against 51 numbers of vacant posts and unless this matter is decided on merits serious prejudice would ensue. Therefore, this Court is inclined to condone the delay and it is also pertinent to consider the fact of pandemic situation during the above period which affected normal life.

¶19

Considering the averments and grounds taken in the CMAPL and Interlocutory Application, delay in filing the CMAPL is condoned and the order dated 03.02.2020 passed in W.P.(C) No.18946 of 2013 is recalled and the same is restored to its original position.

¶20

Accordingly, the CMAPL as well as the I.A. stands disposed of.

¶21

Signature Not Verified

¶22

Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Suchitra Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 26-Sep-2024 18:13:50

¶23

(M.S. Raman) Judge

¶24

Page 2 of 2

Pradeep Kumar Kanhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pradeep Kumar Kanhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sarbeswar Sethi Vs Manasranjan Sethi

Akshaya Kumar Das Vs State of Odisha

Prasanta Kumar Pani Vs MD and Ceo, Indian Bank, Chennai

Prabodha Kumar Das Vs Bhagaban Muduli

Sthitiprangya Satapathy Vs Basudev Mohapatra

Nageswari Tudu Vs State of Odisha