Sarat Kumar Rautray Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sarat Kumar Rautray Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 2007 days condoned; Coordinate Bench order dated 18.10.2019 dismissing FAO No.219 of 2012 for non-prosecution recalled; FAO restored to the Board for consideration afresh, subject to the applicant presenting 'Administrative Law' by Wade and Forsyth to the Orissa High Court Bar Association Library within two weeks; RVWPET No.71 of 2021 and I.A. No.217 of 2025 stand disposed of.

Issue for consideration

Whether the delay in moving the application seeking recall of the order dated 18.10.2019 dismissing FAO No.219 of 2012 for non-prosecution should be condoned. +1 more

Court's answer

The delay of 2007 days in moving the recall application is condoned.

Ratio / Principle

The Coordinate Bench order dated 18.10.2019 dismissing FAO No.219 of 2012 for non-prosecution stands recalled; the FAO is restored to the Board for consideration afresh, subject to the applicant presenting the book 'Administrative Law' by Wade and Forsyth to the Orissa High Court Bar Association Library within a period of two weeks.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Dixit Krishna Shripad, J.), order dated 08.09.2025 in RVWPET No.71 of 2021 & I.A. No.217 of 2025 — Recall of dismissal for non-prosecution. A Coordinate Bench had, vide order dated 18.10.2019, dismissed FAO No.219 of 2012 for non-prosecution. An application supported by affidavit sought recall of that order. Learned AGA-Mr. Lenka, appearing for the Opp.Parties, submitted that in RVWPET No.234 of 2012 (Sri Sugyan Choudhury v. State of Odisha, disposed of on 25.08.2025) this Court held that no review is permissible once an order is made under Section 24 C of the Orissa Education Act, 1969, and that the application was therefore liable to be rejected. Counsel for the applicant pointed out that the said decision differentiates between the power of review and the power to recall an order, the latter remaining available to the Court which dismissed a proceeding for non-prosecution, and offered a plausible explanation for the delay. The Court condoned the delay of 2007 days, recalled the Coordinate Bench order dismissing the appeal, and restored the FAO to the Board for consideration afresh, subject to the applicant presenting the book 'Administrative Law' by Wade and Forsyth to the Orissa High Court Bar Association Library within two weeks. The RVWPET and the I.A. stand disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK RVWPET NO.71 OF 2021

Sarat Kumar Rautray

…. Petitioner

Mr. B.S. Tripathy, Sr.Advocate

-versus-

State of Odisha & Others

…. Opp.Parties Mr. D. Lenka, AGA

CORAM:

HON’BLE MR. JUSTICE DIXIT KRISHNA SHRIPAD ORDER

Order No. 02.

08.09.2025 RVWPET No.71 of 2021 & I.A. No.217 of 2025

A Coordinate Bench of this Court vide order dated 18.10.2019 had dismissed FAO No.219 of 2012 for non-prosecution. Now, an application supported by affidavit is moved seeking recall of the said order.

Learned AGA-Mr. Lenka appearing for OPs submits that this Court in RVWPET No.234 of 2012 between Sri Sugyan Choudhury v. State of Odisha disposed off on 25.08.2025 has held that no review is permissible once an order is made by this Court under Section 24 C of Orissa Education Act,1969 and therefore, the application is liable to be rejected. At once, learned counsel appearing for the applicant points out that the said decision differentiates between power of review and the power to recall an order and therefore, the latter is always available to the Court which has dismissed the proceeding for non-prosecution. A plausible explanation is also offered for the delay brooked in moving the application.

In the above circumstances, delay of 2007 days is condoned and the Coordinate Bench order, whereby appeal was dismissed stands

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recalled and as a consequence, FAO is restored to the Board for consideration afresh, subject to the applicant presenting to the Orissa High Court Bar Association Library a book, namely, ‘Administrative Law’ by Wade and Forsyth within a period of two weeks.

The RVWPET & I.A. stand disposed off.

(Dixit Krishna Shripad) Judge

Madhusmita

Signature Not Verified

Digitally Signed Signed by: MADHUSMITA MALLICK Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 09-Sep-2025 10:16:25

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