Uttam Ku.Khatua v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMAPL No.92 of 2017 Uttam Kumar Khatua.

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Petitioner -versusState of Odisha & others.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

13.04.2022 02.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

This petition has been filed by the petitioner to recall the order dated 20.01.2015 and restore W.P.(C) No.12206 of 2012 to file.

3.

Heard the learned counsel for the petitioner. 4.

Since the aforesaid writ petition was dismissed for nonprosecution vide order dated 20.01.2015 and this petition for restoration has been filed on 20.02.2017, this Court is not inclined to allow the prayer made in this petition, which is filed at a belated stage, notwithstanding the fact that the same was for bonafide mistake of the counsel appearing for the petitioner earlier, who stated to be present and substantiate the same.

// 2 // 5.

However, liberty is given to the petitioner to approach this Court if the cause of action still survives, in a fresh writ petition.

6.

With the aforesaid order, this CMAPL stands disposed of.

(S. Pujahari) Judge MRS