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2022 DAILYLAW 824 (ORI)

K.ANAM ACHARY v. STATE OF ODISHA

CMAPL/397/2022 · 2026-03-16

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2022

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMAPL No.397 of 2022 K. Anam Achary …. Petitioner Ms. B.K. Pattanaik, Advocate -Versus- State of Odisha & Others …. Opposite Parties Mr. S.B. Mohanty, AGA CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. 03. ORDER 16.03.2026 CMAPL No.397 of 2022 & I.A. No.500 of 2025 The application supported by affidavit seeking restoration of the main matter after recalling the dismissal order dated 16.08.2022 founded on the ground of non-prosecution. A plausible explanation has been offered. This apart, denying justice to a worthy litigant on technical grounds is not a happy thing to happen in the Constitutional Courts. Nobody comes to Court with joy in heart. They knock at the doors of the Court only when it becomes inevitable. Keeping all the above in mind, the application is favoured and the order dated 16.08.2022 is recalled and as a consequence, main matter, i.e., W.P.(C) No.5753 of 2006 is restored to the Board for being argued on the next date. Petitioner shall present a Book, namely, “Mogha’s Law of Pleadings in India” by S. N. Dhingra & G.C. Mogha to the Madhusudan Library of Orissa High Court Bar Association within a period of one week and submit a receipt thereof. Call this matter on 07.04.2026. If the receipt is not submitted, application shall be treated as having been dismissed. The CMAPL as well as the I.A. is disposed off. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Madhusmita Designation: Jr. Stenographer