Gobardhan Das Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Gobardhan Das Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the writ petition and file a properly constituted appeal memo before the Appellate Authority within two weeks; any condonation-of-delay application to be considered liberally; notice dated 23.02.2026 (Annexure-1) kept in abeyance for four weeks or till disposal of the Petitioner's interim application by the Appellate Authority on its own merit.

Issue for consideration

Whether the writ petition should be entertained when the order impugned is appealable, and whether the Petitioner should instead be permitted to withdraw and seek relief before the Appellate Authority.

Court's answer

Since the impugned order is appealable, the Petitioner is permitted to withdraw the present writ petition and approach the Appellate Authority by filing a properly constituted appeal memo within two weeks.

Ratio / Principle

Any appeal so filed shall be considered in accordance with law by the Appellate Authority.

Key takeaways

If the Petitioner moves an application for condonation of delay, the Appellate Authority shall consider it liberally.ratio¶19
As an interim measure, the notice dated 23.02.2026 at Annexure-1 is kept in abeyance for four weeks or until the Appellate Authority disposes of the interim application to be filed by the Petitioner, which is to be decided on its own merit without being influenced by the interim protection granted by this Court.ratio¶22

Detailed headnote1 paragraphs

Writ Petition (W.P.C. No.16976 of 2026), High Court of Orissa at Cuttack (A.K. Mohapatra, Vacation Judge), disposed of on 09.06.2026. Finding the order impugned to be an appealable order, the Court permitted the Petitioner (Gobardhan Das) to withdraw the writ petition and approach the Appellate Authority by filing a properly constituted appeal memo within two weeks; any appeal was to be considered in accordance with law, and any condonation-of-delay application liberally. As an interim measure, the notice dated 23.02.2026 at Annexure-1 was kept in abeyance for four weeks or till disposal of the Petitioner's interim application by the Appellate Authority on its own merit, without being influenced by the interim protection granted by the Court.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.C. No.16976 of 2026

Gobardhan Das

.....

Petitioner

Represented by Adv. –

Mr. Durga Prasad Jena

-versus-

State of Odisha and others

..... Opposite Parties Represented by Adv. – Mr. Aurobinda Mohanty, ASC

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

09.06.2026

Order No.

01.

This matter is taken up through virtual mode.

Heard the learned counsel for the Petitioner as well as the learned counsel for the State. Perused the writ petition as well as the prayer made therein.

On a careful consideration of the prayer of the writ petition, it appears that the order impugned is an appealable order.

In such view of the matter and taking into consideration the request made by the learned counsel for the Petitioner, he is permitted to withdraw the present writ petition and approach the Appellate Authority by filing a properly constituted appeal memo within two weeks from today. In the event any such appeal is filed, the same shall be considered in accordance with law by the Appellate Authority. In the event the Petitioner moves an application with a prayer for condonation of delay, the same shall be considered liberally by the

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Appellate Authority.

As an interim measure, it is directed that the notice dated 23.02.2026 at Annexure-1 shall be kept in abeyance for a period of four weeks or till disposal of the interim application, which is to be filed by the Petitioner, by the Appellate Authority on its own merit without being influenced by the interim protection granted by this Court.

With the aforesaid direction, this writ petition stands disposed of.

( A.K. Mohapatra ) Vacation Judge

Debasis

Signature Not Verified

Digitally Signed

Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 10-Jun-2026 08:31:46

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