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K.Sobhabati Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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Orissa HC
2025
K.Sobhabati Vs State of OdishaK.Sobhabati v. State of Odisha

Dismissed¶¶25

K.Sobhabati v. State of Odisha

Condonation of delay – Restoration

Orissa HC3 Dec 2025CMAPL/239/2025

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; V. Narasingh, J.; order dated 03.12.2025 in CMAPL No.239 of 2025 with I.A. No.262 of 2025 (filed 04.05.2025). Restoration application for W.P.(C) No.17512 of 2009 (dismissed 16.01.2023) dismissed: sufficient cause not shown for condonation of 812 days' delay; Shivamma v. Karnataka Housing Board, 2025 SCC OnLine SC 1969 (Apex Court) relied on; writ petition not restored; liberty to file fresh application if cause of action subsists. Petitioners: K. Sobhabati, Siba Prasad Panigrahi, Satyanarayan Nayak, Maheswari Nayak, Prabhakar Pattanaik, G.Laxmi Narayan Pattanaik (Mr. D. Ray); Opposite Parties: State of Orissa, Collector-cum-CEO Zilla Parishad Rayagada, Project Director DRDA Rayagada (Mr. C.R. Swain, AGA).

What did the court decide?

Restoration refused; CMAPL No.239 of 2025 and I.A. No.262 of 2025 dismissed, with liberty to the Petitioners to file a fresh application if there is subsisting cause of action.

Why is it important?

Sufficient cause has not been shown for condonation of the delay of 812 days in filing the restoration application; the Court is not persuaded to condone the delay, making reference in this context to Shivamma v. Karnataka Housing Board, 2025 SCC OnLine SC 1969. ¶¶24

What the court decided

AI extract

Outcome

Restoration refused; CMAPL No.239 of 2025 and I.A. No.262 of 2025 dismissed, with liberty to the Petitioners to file a fresh application if there is subsisting cause of action.

Issue for consideration

Whether sufficient cause has been shown for condonation of the delay of 812 days in filing CMAPL No.239 of 2025, the restoration application. +1 more

Court's answer

Sufficient cause has not been shown for condonation of the delay of 812 days in filing the restoration application; the Court is not persuaded to condone the delay, making reference in this context to Shivamma v. Karnataka Housing Board, 2025 SCC OnLine SC 1969.

Ratio / Principle

The CMAPL along with the I.A. stands dismissed and, consequently, the writ petition is not restored to file.

Key takeaways

Liberty granted to the Petitioners to file a fresh application if there is subsisting cause of action.ratio¶¶27

Detailed headnote1 paragraphs

Condonation of delay — Restoration — CMAPL No.239 of 2025 with I.A. No.262 of 2025 seeking restoration of W.P.(C) No.17512 of 2009 (dismissed 16.01.2023), filed on 04.05.2025 with a delay of 812 days — Petitioners pleaded ignorance of the dismissal despite best efforts and survival of cause of action; State filed objection — Held, sufficient cause not shown for condonation of delay; making reference to Shivamma v. Karnataka Housing Board, 2025 SCC OnLine SC 1969 (SC), the CMAPL and I.A. were dismissed and the writ petition was not restored to file — Liberty granted to file a fresh application if cause of action subsists (V. Narasingh, J.).

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMAPL No.239 of 2025

1. K. Sobhabati …. Petitioners 2. Siba Prasad Panigrahi

3. Satyanarayan Nayak

4. Maheswari Nayak 5. Prabhakar Pattanaik

6. G.Laxmi Narayan Pattanaik

Mr. D. Ray, Advocate

-versus-

1. State of Orissa

…. Opposite Parties

2. Collector-cum-Chief Executive Officer, Zilla Parishad, Rayagada

3. Project Director, District Rural Development Authority, Rayagada

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH

ORDER

03.12.2025 I.A. No.262 of 2025 & CMAPL No.239 of 2025

Order No.

1. Heard learned counsel for the Petitioners and learned counsel for the State.

Page 1 of 3

This is an application for restoration of W.P.(C) No.17512 of 2009 which was dismissed on 16.01.2023.

Admittedly, the CMAPL was filed on 04.05.2025 after a delay of 812 days. 4. I.A. No.262 of 2025 has been filed for condonation of delay in filing the CMAPL.

It is submitted by learned counsel for the Petitioners, Mr. Ray referring to the recitals that in spite best of efforts they could not come to know regarding the dismissal of the writ petition and since the cause of action still survives the Petitioners will be affected.

Objection has been filed on behalf of the learned counsel for the State to the writ petition for restoration.

Considering the rival submission and the recitals in the CMAPL as well as objection, this Court is not persuaded to hold that sufficient cause has been shown for condonation of delay and in this context reference is made to the judgment of the Apex Court in the case of Shivamma v. Karnataka Housing Board, 2025 SCC OnLine SC 1969.

Accordingly, the CMAPL along with I.A. stands dismissed. Consequentially, the Writ petition is not restored to file. 9. Since it is stated by the learned counsel for the Petitioners, Mr. Ray that the Petitioners have still

Page 2 of 3

cause of action to pursue the writ petition, leave is granted to them to file a fresh application, if there is subsisting cause of action.

In view of the disposal of the CMAPL, pending I.As, if any, stands disposed of.

(V. NARASINGH) Judge

Santoshi

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 06-Dec-2025 12:20:15

Page 3 of 3

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether sufficient cause has been shown for condonation of the delay of 812 days in filing CMAPL No.239 of 2025, the restoration application.¶¶21
The court held
Sufficient cause has not been shown for condonation of the delay of 812 days in filing the restoration application; the Court is not persuaded to condone the delay, making reference in this context to Shivamma v. Karnataka Housing Board, 2025 SCC OnLine SC 1969.ratio¶¶24
2.
Whether W.P.(C) No.17512 of 2009, dismissed on 16.01.2023, should be restored to the file.¶¶20
The court held
The CMAPL along with the I.A. stands dismissed and, consequently, the writ petition is not restored to file.ratio¶¶25

Cases cited

Colour shows how this judgement treated each authority

AI extract

Shivamma v. Karnataka Housing BoardRelied on¶¶24
Shivamma v. Karnataka Housing Board, 2025 SCC OnLine SC 1969. · Who else cites this

Procedural history

How this case reached the court

AI extract

Order under challenge
Dismissal of W.P.(C) No.17512 of 2009 on 16.01.2023, restoration whereof was sought by the present CMAPL.¶¶20
High Court of Orissa · 16.01.2023
Prior proceeding
CMAPL No.239 of 2025 (restoration application) filed on 04.05.2025 with a delay of 812 days.¶¶21
Prior proceeding
I.A. No.262 of 2025 filed seeking condonation of delay in filing the CMAPL.¶¶21
Prior proceeding
Petitioners' contention that despite best efforts they could not come to know of the dismissal and that the cause of action still survives.¶¶22
Prior proceeding
Objection filed on behalf of the State to restoration of the writ petition.¶¶23

Parties & counsel

AI extract

petitioner
K. Sobhabati¶¶3
Mr. D. Ray
petitioner
Siba Prasad Panigrahi¶¶3
Mr. D. Ray
petitioner
Satyanarayan Nayak¶¶4
Mr. D. Ray
petitioner
Maheswari Nayak¶¶5
Mr. D. Ray
petitioner
Prabhakar Pattanaik¶¶5
Mr. D. Ray
petitioner
G.Laxmi Narayan Pattanaik¶¶6
Mr. D. Ray
respondent
State of Orissa¶¶9
Mr. C.R. Swain
respondent
Collector-cum-Chief Executive Officer, Zilla Parishad, Rayagada¶¶11
Mr. C.R. Swain
respondent
Project Director, District Rural Development Authority, Rayagada¶¶12
Mr. C.R. Swain

Coram

AI extract

Justice V. Narasinghauthor¶¶14

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 3 Dec 2025 · December
Registered: 5 Aug 2025
Case no.: CMAPL/239/2025
CNR: ODHC010331412025
Bench: V. Narasingh
Disposal: Dismissed
Case type: CMAPL

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Cite this judgement

K.Sobhabati v. State of Odisha, CMAPL/239/2025 (OD), decided on 3 December 2025.

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

Cases cited1

Shivamma v. Karnataka Housing BoardRelied on¶¶24

Open Authorities

Procedural history5

Dismissal of W.P.(C) No.17512 of 2009 on 16.01.2023, restoration whereof was sought by the present CMAPL.High Court of Orissa · 16.01.2023
CMAPL No.239 of 2025 (restoration application) filed on 04.05.2025 with a delay of 812 days.
I.A. No.262 of 2025 filed seeking condonation of delay in filing the CMAPL.

View full history

Bench / Coram

Justice V. Narasingh

Parties & counsel