Ram Narayan Mishra vs. State Of Odisha

Held

The Court held that the petitioner should be permitted to avail of the statutory remedy of appeal. The reasoning was to allow the petitioner to pursue the legal recourse available under the law. The Court directed that if an appeal is filed by December 19, 2022, and includes an application for condonation of delay citing the pendency of the writ petition as the reason, the appellate authority shall consider it in accordance with law. The Court explicitly stated that it had not expressed any view on the merits of the case. No issues were left undecided.

Facts

The petitioner, Ram Narayan Mishra, filed a writ petition before the High Court of Orissa at Cuttack. The petition was against the State of Odisha and others. The specific order or action under challenge and the authority that passed it are not detailed in the provided text. The amount in dispute is also not mentioned. The procedural history is limited to the filing of the present writ petition.

Key Issues

The Court had to decide whether to permit the petitioner to avail of the statutory remedy of appeal. The petitioner's argument, implicitly, was that they should be allowed to pursue their appeal. The State's position or arguments are not recorded in the judgment. The core issue revolved around granting access to the statutory appellate mechanism, especially considering the pendency of the writ petition.