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2024 DAILYLAW 898 (ORI)

STATE OF ODISHA v. SUBHALAL SAHU

CMAPL/19/2024 · 2026-02-06

Manash Ranjan Pathak, Sibo Sankar Mishra

body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMAPL No. 19 of 2024 State of Odisha & Others …. Appellants Represented by Adv.– Mr. Debaraj Mohanty, AGA -Versus- Subhalal Sahu & Others …. Respondents Represented by Adv._ CORAM: HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND HON’BLE MR. JUSTICE SIBO SANKAR MISHRA Order No. ORDER 06.02.2026 (Hybrid mode) 02. 1. Heard Mr. D. Mohanty, learned counsel appearing for the applicants/appellants. 2. It is noted that the appellants–State had earlier preferred Writ Appeal No.242 of 2016, which came to be dismissed on account of non-filing of the impugned order. The defect, as pointed out, has not been removed, as recorded in the order dated 11th October, 2022 passed by the Coordinate Bench of this Court. 3. Aggrieved thereby, the applicants/appellants have filed the present application on 5th February, 2024 under Chapter VIII Rule 30 of the Orissa High Court Rules, 1948 seeking restoration of W.A. No.242 of 2016. It is further noted that the said application has been filed after a reported delay of 435 days in preferring the appeal by the petitioners–State. 4. Considering the interest of the respective parties, the order dated 11th October, 2022 passed in W.A. No.242 of 2026 is hereby set aside. Consequently, the Writ Appeal stands restored to file, subject to payment of cost of Rs.30,000/- (Rupees Thirty Thousand only) on or before 25th February, 2026, in favour of the Registrar (Judicial) of this High Court. 5. Accordingly, the CMAPL is disposed of. 6. The Writ Appeal being W.A. No.242 of 2026 be listed on 27th February, 2026 for orders. (Manash Ranjan Pathak) Judge (Sibo Sankar Mishra) Judge Narayan