IN THE HIGH COURT OF ORISSA AT CUTTACK CMAPL No.233 of 2025 Beenapani Tripathy …. Petitioner Mr.Prafulla Kumar Sahu, Advocate -versus- State of Odisha & Another … Opposite Parties Mr.S.B. Mohanty, AGA CORAM: JUSTICE DIXIT KRISHNA SHRIPAD ORDER 10.11.2025 CMAPL No.233/2025 & I.A.Nos.389 & 399 of 2025 A coordinate Bench, vide order dated 24.06.2025, had dismissed the writ petition for non-prosecution. Applications are moved, one for condonation of delay and another for its restoration. Delay, counsel for the petitioner submits, is not there. Assuming that there is a delay, in matters like this, the same has to be viewed leniently. After all, if the request is allowed, what would happen is that the matter is restored to the Board and shall be heard on merits and thus, no prejudice would be caused to anyone. Conversely, if the request for restoration is denied then its end of the matter regardless of the merits thereof. Non-prosecution is not a happy thing to happen at the hands of Constitutional Courts when so many matters are pending for consideration. It is not that the case would have been heard and finally decided by the Court, if it was not dismissed for non- prosecution. The papers would have been languishing in the Court cupboard without seeing the ray of light. In the above circumstances, the applications are allowed. The arguable delay is condoned. The order dated 24.06.2025 Order No. 01 having been recalled, the writ petition is restored to the Board for consideration afresh. (Dixit Krishna Shripad) Judge Basu Designation: Addl. Dy. Registrar-Cum-Addl. Principal Secretary