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Saroj Ranjan Rath Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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Orissa HC
2024
Saroj Ranjan Rath Vs State of OdishaSaroj Ranjan Rath v. State of Odisha

Dismissed¶18

Saroj Ranjan Rath v. State of Odisha

Orissa HC14 Aug 2024WP(C)/31480/2021

Case brief

AI extract

What is this about?

W.P.(C) No.31480 of 2021 | High Court of Orissa at Cuttack | Saroj Ranjan Rath v. State of Odisha and others | dismissal for non-prosecution | non-appearance of petitioner and counsel at call | further adjournment refused | default/threshold dismissal, no merits adjudicated | Justice Murahari Sri Raman (M.S. Raman, J.) | order dated 14.08.2024 | hybrid mode hearing | Addl. Standing Counsel Sailaza Nandan Das for opposite parties.

What did the court decide?

The Court declined to grant any further adjournment, as the matter was of the year 2021 and nobody was present to prosecute it. ¶17

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether, given the non-appearance of the petitioner in a 2021 writ petition, the Court should grant a further adjournment or instead dismiss the petition for non-prosecution.

Court's answer

The Court declined to grant any further adjournment, as the matter was of the year 2021 and nobody was present to prosecute it.

Ratio / Principle

The writ petition was dismissed for non-prosecution on account of the complete non-appearance of the petitioner's side.

Detailed headnote1 paragraphs

Writ petition dismissed for non-prosecution — High Court of Orissa at Cuttack, W.P.(C) No.31480 of 2021, Saroj Ranjan Rath versus State of Odisha and others; Coram: Hon'ble Mr. Justice Murahari Sri Raman (single Judge); Order dated 14.08.2024. The 2021 matter was taken up through Hybrid Mode; none appeared for the petitioner at the time of call. Declining any further adjournment on the ground that the matter had been lying unprosecuted since 2021, the Court dismissed the writ petition for non-prosecution. The subject-matter of the petition was never adjudicated; no statute or precedent case was cited and no costs or monetary quantum figure anywhere in the order. The Opposite Parties were represented by Mr. Sailaza Nandan Das, Addl. Standing Counsel; no advocate appeared for the petitioner.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31480 of 2021

Saroj Ranjan Rath …. Petitioner

None

-versus-

State of Odisha and others

…. Opposite Parties

Mr. Sailaza Nandan Das, Addl. Standing Counsel

CORAM:

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

ORDER

14.08.2024.

This matter is taken up through Hybrid Mode.

None appeared for the petitioner at the time of call.

Since this matter is of the year 2021 and none is present to prosecute the matter, this Court is not inclined to grant any further adjournment.

Hence, the writ petition stands dismissed for nonprosecution.

(M.S. Raman) Judge

Suchitra

Signature Not Verified

Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 14-Aug-2024 18:23:56

Page 1 of 1

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether, given the non-appearance of the petitioner in a 2021 writ petition, the Court should grant a further adjournment or instead dismiss the petition for non-prosecution.medium confidence¶17
The court held
The Court declined to grant any further adjournment, as the matter was of the year 2021 and nobody was present to prosecute it.ratio¶17

Procedural history

How this case reached the court

AI extract

Prior proceeding
The writ petition, a matter of the year 2021, was listed and taken up through Hybrid Mode on 14.08.2024.¶15
Prior proceeding
At the time of call on 14.08.2024, neither the petitioner nor any representative appeared.¶16
Prior proceeding
Owing to the pendency since 2021 and the absence of anyone to prosecute the matter, the Court declined a further adjournment.¶17

Parties & counsel

AI extract

petitioner
Saroj Ranjan Rath¶3
respondent
State of Odisha and others¶6
Sailaza Nandan Das

Coram

AI extract

Murahari Sri Ramanauthor¶10

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 14 Aug 2024 · August
Registered: 7 Oct 2021
Case no.: WP(C)/31480/2021
CNR: ODHC010678152021
Bench: Murahari Sri Raman
Disposal: Disposed Off
Case type: W.P.(C)

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Cite this judgement

Saroj Ranjan Rath v. State of Odisha, WP(C)/31480/2021 (OD), decided on 14 August 2024.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

The writ petition, a matter of the year 2021, was listed and taken up through Hybrid Mode on 14.08.2024.
At the time of call on 14.08.2024, neither the petitioner nor any representative appeared.

View full history

Bench / Coram

Murahari Sri Raman

Parties & counsel