Disposed¶24

Prafulla Mitra v. State of Odisha

Orissa HC9 Jun 2026WP(C)/17526/2026

Case brief

AI extract

What is this about?

Writ petition withdrawn in favour of appeal; impugned order held appealable; appeal memo to be filed before Appellate Authority within two weeks; condonation of delay to be considered liberally; interim abeyance of notice dated 23.02.2026 (Annexure-1) for four weeks or till disposal of interim application; W.P.C. No.17526 of 2026; High Court of Orissa at Cuttack; A.K. Mohapatra, Vacation Judge; petitioner Prafulla Mitra; opposite parties State of Odisha and others.

What did the court decide?

Permission to withdraw the writ petition and file a properly constituted appeal before the Appellate Authority within two weeks; liberal consideration of any condonation-of-delay application; interim abeyance of the notice dated 23.02.2026 (Annexure-1) for four weeks or till disposal of the interim application by the Appellate Authority on its own merit.

Prafulla Mitra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the writ petition should be pursued in this Court or withdrawn in favour of filing an appeal before the Appellate Authority, given that the order impugned is an appealable order. +1 more

¶19

Court's answer

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

¶19

Ratio / Principle

Taking into consideration the request of 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; any such appeal shall be considered in accordance with law by the Appellate Authority.

¶20

Key takeaways

In the event the Petitioner moves an application with a prayer for condonation of delay, the same shall be considered liberally by the Appellate Authority.ratio¶22
As an interim measure, the notice dated 23.02.2026 at Annexure-1 is kept in abeyance for a period of four weeks or till disposal of the interim application by the Appellate Authority on its own merit, without being influenced by the interim protection granted by this Court.ratio¶23

Detailed headnote1 paragraphs

Orissa High Court at Cuttack (A.K. Mohapatra, Vacation Judge), W.P.C. No.17526 of 2026, order dated 09.06.2026: In the writ petition of Prafulla Mitra against the State of Odisha and others, the Court found the order impugned to be an appealable order and, on the Petitioner's request, permitted withdrawal of the writ petition so that a properly constituted appeal memo could be filed before the Appellate Authority within two weeks, with any appeal to be considered in accordance with law and any condonation-of-delay application to be considered liberally. As an interim measure, the notice dated 23.02.2026 at Annexure-1 was kept in abeyance for four weeks or till the Appellate Authority disposes of the interim application on its own merit, without being influenced by the interim protection granted by this Court. The writ petition stands disposed of accordingly.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.C. No.17526 of 2026

Prafulla Mitra

.....

Petitioner

Represented by Adv. –

¶6

Mr. Durga Prasad Jena

¶7

-versus-

¶8

State of Odisha and others

¶9

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

¶10

Mr. Manash Ranjan Mohanty, AGA

¶11

CORAM:

¶12

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

09.06.2026

Order No.

This matter is taken up through virtual mode.

¶18

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.

¶19

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

¶20

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

¶21

Page 1 of 2.

¶22

condonation of delay, the same shall be considered liberally by the Appellate Authority.

¶23

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.

¶24