State Of Odisha & Ors vs Nilamadhab Sahu And Another
2022 Latest Caselaw 2671 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P (C) No. 38640 of 2020

State of Odisha & Ors.                    .....                                Petitioners
                                                                  Mr.B.P. Tripathy, AGA
                                          Vs.
Nilamadhab Sahu and another               .....                            Opposite parties
                                                                Mr. B.S. Tripathy-1, Adv.
                                                                         (For O.P. No.1)
              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MISS JUSTICE SAVITRI RATHO

                                               ORDER

18.05.2022 Order No. This matter is taken up through hybrid mode.

03.

2. Mr. B.S. Tripathy-1, learned counsel files Vakalatnama on behalf of the opposite party no.1 in Court today after taking consent from the previous counsel. The same be kept on record.

3. The names of M/s. B.S. Tripathy-1 and associates be indicated as the counsel of opposite party no.1 in the cause list.

4. Heard Mr. B.P. Tripathy, learned Additional Government Advocate for the State-petitioners and Mr. B.S. Tripathy-1, learned counsel for the opposite party no.1.

5. Challenging the common order dated 12.04.2017 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 2187(C) of 2016 and batch cases, the petitioners have approached this Court by filing this writ petition.

6. As it appears, though Odisha Administrative Tribunal, Principal Bench, Bhubaneswar passed the impugned order on 12.04.2017, but the State-opposite parties have preferred this writ petition on 31.12.2020, i.e., after long lapse of more than three years, which shows that the State is not vigilant of its own conduct.

7. Mr. B.P. Tripathy, learned Additional Government Advocate

prays that the matter may be disposed of on merit.

8. Such a contention is rejected. This Court is not inclined to entertain this writ petition at this belated stage, as the writ petition suffers from delay and laches, in view of the judgment/order of this Court in the case of State of Odisha v. Surama Manjari Das (W.P.(C) No. 15763 of 2021 dismissed on 16.07.2021).

9. Accordingly, the writ petition merits no consideration and the same is hereby dismissed.

(DR. B.R. SARANGI) JUDGE

(SAVITRI RATHO) JUDGE Ashok/Bichi