Divisional Railway Manager vs Hemanta Kumar Das @ Hemanta Das
2022 Latest Caselaw 7020 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.A. No. 385 of 2019

            Divisional Railway Manager, East     ....         Appellant
            Coast Railway, Khurda Road Division
                                   Mr. Anindya Kumar Mishra, Advocate
                                     -versus-

            Hemanta Kumar Das @ Hemanta Das             ....        Respondents
            and others
                                                                         None

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE M.S. RAMAN

                                          ORDER

01.12.2022 Order No. I.A. No.655 of 2019 & W.A. No.385 of 2019

02. 1. There is an inordinate delay of 111 days in filing the writ appeal which has not been properly explained in the application for condonation of delay. What is set out is only the routine administrative delay which has not been accepted by the Supreme Court in a series of judgments including Chief Post Master General v. Living Media India Ltd. (2012) 3 SCC 563 and State of Madhya Pradesh v. Bherulal (2020) 10 SCC 654.

2. Consequently, the Court is not inclined to condone the delay in filing the present writ appeal. The application for condonation of delay is hereby dismissed.

3. Nevertheless, the writ appeal has also been examined on merits. The only direction issued by the learned Single Judge is for the State Authorities to cooperate with the Railway Authorities in the matter of rehabilitation and resettlement of the writ Petitioners who questioned the orders passed by the Railways demolishing their constructed thatched huts. The Court sees no prejudice being caused to the present Appellant by the aforementioned directions.

4. Accordingly, the writ appeal is dismissed both on the grounds of delay as well as on merits.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S. Behera