Application for restoration of a writ petition dismissed for non-prosecution by a coordinate Bench. Applying the rule of equality with an earlier similar order, the Court recalled the dismissal order dated 17.06.2025 in W.P.(C) No.12655 of 2025 and restored the main matter to the Board.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CMAPL No.235 of 2025
Biswanath Mishra …. Petitioner
Mr.Prafulla Ku. Sahu, Advocate
-versus-
State of Odisha & Another
… Opposite Parties Mr.S.K. Jee, AGA
CORAM: JUSTICE DIXIT KRISHNA SHRIPAD
ORDER
10.12.2025
Order No.
02
The subject of this application is substantially similar to the one in CMAPL No.233 of 2025 wherein this Court, vide order dated 10.11.2025, has observed as
under:-
“A coordinate Bench, vide order dated 24.06.2025, had dismissed the writ petition for non-prosecution. Applications are moved, one for condonation of delay and another for its restoration. Delay, counsel for the petitioner submits, is not there. Assuming that there is a delay, in matters like this, the same has to be viewed leniently. After all, if the request is allowed, what would happen is that the matter is restored to the Board and shall be heard on merits and thus, no prejudice would be caused to anyone. Conversely, if the request for restoration is denied then its end of the matter regardless of the merits thereof. Non-prosecution is not a happy thing to happen at the hands of Constitutional Courts when so many matters are pending for consideration.
It is not that the case would have been heard and finally decided by the Court, if it was not dismissed for non-prosecution. The papers would have been languishing in the Court cupboard without seeing the ray of light.
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In the above circumstances, the applications are allowed. The arguable delay is condoned. The order dated 24.06.2025 having been recalled, the writ petition is restored to the Board for consideration afresh.”
The CMAPL is disposed off.
( Dixit Krishna Shripad) Judge
Basu
Signature Not Verified
Digitally Signed Signed by: BASUDEV NAYAK Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 12-Dec-2025 16:27:04
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1 issue framed by the court
Whether the dismissal of the writ petition for non-prosecution should be recalled and the matter restored to the Board.
Biswanath Mishra
State of Odisha
Dixit Krishna Shripad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
