Satya Narayan Sahu vs Jay Narayan Sahu & Ors
2022 Latest Caselaw 4738 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         LAA NO.46 of 2014

Satya Narayan Sahu               .....                           Appellant
                                                    Mr.K.A. Guru, Advocate
                                 Vs.
Jay Narayan Sahu & Ors.          .....                         Respondents
                                                          Mr. G. Rout, ASC
            CORAM:
                        MR. JUSTICE SANJAY KUMAR MISHRA

                                         ORDER

14.09.2022 Misc. Case No.164 of 2015 & LAA No.46 of 2014 Order No. This matter is taken up through hybrid mode.

09.

2. Though the Misc. Case has been filed seeking six weeks time to deposit the Deficit Court Fees, by efflux of time the Misc. Case has become infructuous. Till date neither any fresh I.A. has been filed praying for extension of time to pay the Deficit Court Fee nor the Deficit Court Fee, as pointed out by the Stamp Reporter, has been paid.

3. This Appeal has been preferred against the judgment dated 14.07.2014, passed by the learned Civil Judge (Senior Division), Sambalpur, in L.A. Case No.40 of 2010 on 29.12.2014. As per office note, there is a delay of 80 days in filing the present Appeal. No application for condonation of delay has also been filed till date.

4. In view of the recent judgment/order of this Court in the case of State of Odisha Vrs. Surama Manjari Das (W.P.(C) No.15763 of 2021 dismissed on 16.07.2021), which has been passed relying on the decision of the

Supreme Court in the case of The State of Madhya Pradesh Vrs. Bherulal, reported in 2020 SCC Online SC 849, this Appeal deserves to be dismissed on the ground of delay and laches.

5. Accordingly, Appeal preferred under Section 54 of the Land Acquisition Act, 1894, stands dismissed.

(S.K. MISHRA) JUDGE Banita