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2025 DAILYLAW 78466 (ORI)

KISHORE CHANDRA MANDHATA v. STATE OF ODISHA

CMAPL/327/2024 · 2025-12-05

Harish Tandon Cj, Murahari Sri Raman

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMAPL No.327 of 2024 Kishore Chandra Mandhata …. Petitioner Mr. Srikanta Gauda, Advocate on behalf of Mr. Manas Kumar Chand, Advocate -Versus- State of Odisha and others …. Opposite Parties Mr. Debashis Tripathy, Addl. Govt. Advocate Mr. Susanta Kumar Mishra, Advocate CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 05.12.2025 03. 1. This is an application for restoration of RVWPET No.297 of 2023, which was dismissed for non-prosecution on 20th June, 2024. 2. After perusal of the averments made in Paragraph 3 of the instant application and upon hearing the learned counsel appearing for the respective parties, we are satisfied that the petitioner was prevented by sufficient cause in not appearing on the said date. 3. It goes without saying that a litigant should not suffer for the lapses and the laches on the part of the advocate. We cannot attribute any negligence to the conduct of the petitioner, who was prosecuting the case diligently. 4. In view of the above, the application is allowed. 5. The RVWPET No.297 of 2023 is restored to its original file and number. 6. Let the RVWPET No.297 of 2023 be listed before this Bench. (Harish Tandon) Chief Justice (M.S. Raman) Judge Sisira