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Kamala Das v. State of Odisha

Orissa HC9 Jun 2026WP(C)/16999/2026

Case brief

AI extract

What is this about?

Writ petition disposed of with liberty to withdraw and file appeal before the Appellate Authority within two weeks; impugned order held appealable; condonation of delay 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.

What did the court decide?

Liberty to withdraw the writ petition and file a properly constituted appeal memo before the Appellate Authority within two weeks, with any such appeal to be considered in accordance with law and any prayer for condonation of delay to be considered liberally; interim abeyance of the notice dated 23.02.2026 (Annexure-1) for four weeks or until the Appellate Authority disposes of the Petitioner's interim application on its own merit. ¶24

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition should be permitted to be withdrawn so that the Petitioner may approach the Appellate Authority by filing a properly constituted appeal, given that the order impugned is an appealable order. +1 more

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Court's answer

The order impugned in the writ petition is an appealable order.

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Ratio / Principle

Taking into consideration the request of learned counsel for the Petitioner, 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 from today; any such appeal shall be considered in accordance with law by the Appellate Authority, and any application praying for condonation of delay shall be considered liberally.

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Key takeaways

As an interim measure, 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 to be filed by the Petitioner, and the Appellate Authority shall decide that application on its own merit without being influenced by the interim protection granted by this Court.ratio¶23
With the aforesaid directions, the writ petition stands disposed of.ratio¶24

Detailed headnote1 paragraphs

Orissa High Court at Cuttack — W.P.C. No.16999 of 2026 (Kamala Das v. State of Odisha and others) — Order dated 09.06.2026 (Hon'ble Mr. Justice Aditya Kumar Mohapatra, Vacation Judge): Observing that the order impugned in the writ petition is an appealable order, the Court permitted the Petitioner to withdraw the writ petition and approach the Appellate Authority by filing a properly constituted appeal memo within two weeks, with any such appeal to be considered in accordance with law and any prayer for condonation of delay to be considered liberally. As an interim measure, the notice dated 23.02.2026 (Annexure-1) was kept in abeyance for four weeks or until the Appellate Authority disposes of the interim application to be filed by the Petitioner on its own merit, without being influenced by the interim protection granted by the High Court. The writ petition stands disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.C. No.16999 of 2026

Kamala Das

.....

Petitioner

Represented by Adv. –

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Mr. Durga Prasad Jena

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-versus-

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State of Odisha and others

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..... Opposite Parties Represented by Adv. –

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Mr. Aurobinda Mohanty, ASC

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

09.06.2026

Order No.

01.

This matter is taken up through virtual mode.

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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.

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

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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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Page 1 of 2.

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Appellate Authority.

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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.

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