Rama Dei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMAPL No. 218 of 2021 Rama Dei .....

Petitioner Mr. P.K. Kar, Advocate Vs.

State of Odisha and others .....

Opposite Parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

12.08.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

This application has been filed for recalling of the order dated 11.08.2021 and for restoration of the WPC (OAC) No. 881 of 2015, which has been dismissed for non-prosecution, to its file. 3.

Mr. P.K. Kar, learned Counsel for the Petitioner contended that the Petitioner after obtaining consent from the previous conducting counsel on 16.07.2021 engaged him on 19.08.2021 by executing Vakalatnama. In the meantime when the matter was listed on 11.08.2021, since none was there, the Writ Petition was dismissed for non-prosecution. He further contended that from 16.07.2021 to 19.08.2021, the Petitioner could not take any step because he was suffering from COVID-19 and as such there is no intentional delay on the part of the Petitioner in engaging a new Counsel 4.

Mr. S. Jena, learned Standing Counsel for School & Mass Education Department contended that he has no objection, in the event the Writ Petition is restored to its file.

5.

Considering the contentions raised by learned Counsel for the Parties, the order dated 11.08.2021 passed in WPC (OAC) No. 881 of 2015 is recalled and WPC (OAC) No. 881 of 2015 is restored to its file. 6.

The CMAPL is accordingly disposed of.

Arun (DR. B.R. SARANGI) JUDGE