Court confirms that absence of the petitioner warrants dismissal for non-prosecution but grants a one-month window for restoration
Summary
| Category | Data |
|---|---|
| Case Name | WP(C)/15976/2020 of TRIDHARA MOHANTY Vs UNION OF INDIA |
| CNR | ODHC010366772020 |
| Date of Registration | 14-07-2020 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Dismissed for non-prosecution |
| Judgment Author | Dr. Justice Sanjeeb K. Panigrahi |
| Court | Orissa High Court |
| Bench | Single Judge |
| Ratio Decidendi | The petition was dismissed for non-prosecution on account of the petitioner’s non-appearance; liberty was granted to file a restoration application within one month if any cause of action survives. |
What’s New / What Lawyers Should Note
- The court will dismiss a writ petition when neither the petitioner nor counsel appears on the scheduled dates.
- Even after dismissal for non-prosecution, the petitioner has a one-month window to apply for restoration, provided the cause of action still exists.
Summary of Legal Reasoning
- The petitioner failed to appear on two successive listings, indicating no interest in pursuing the petition.
- Exercising its inherent jurisdiction, the court dismissed the petition for non-prosecution.
- Recognizing that the cause of action might still subsist, the court granted liberty to move for restoration within one month.