State Of Odisha & Ors vs Managing Committee Of Maa
2023 Latest Caselaw 2845 Ori

Citation : 2023 Latest Caselaw 2845 Ori
Judgement Date : 5 April, 2023

Orissa High Court

State Of Odisha & Ors vs Managing Committee Of Maa on 5 April, 2023

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                FAO No.84 of 2006

         State of Odisha & Ors.                ....             Appellants
                                                        Mr. S.K. Samal, AGA

                                            -versus-

         Managing Committee of Maa             ....              Respondent
         Bhuasuni Bidyapitha

                             CORAM:
                JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

05.04.2023 Order No

03. Misc. Case No. 118 of 2006

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. S.K. Samal, learned Addl. Govt. Advocate appearing for the Appellants.

3. This application has been filed for condonation of delay in filing the appeal.

4. Even though the appeal has been filed with delay of 375 days, but it is also found that after filing of the appeal, no step has been taken by the learned counsel appearing for the Appellants to get the matter listed.

5. In view of such action on the part of the Appellants and taking into account the delay involved, this Court is not inclined to issue notice on the question of limitation after 17 years of the filing of the matter. This Court also finds that no justifiable ground has been taken in the Misc. Case for condoning the delay.

// 2 //

6. Therefore, placing reliance on the decision of the Hon'ble Apex Court in the case of Postmaster General & Ors. Vs. Living Media Ltd. & Anr. ((2012) 3 SCC 563) and the decision of this Court in State of Odisha & Ors. Vs. Sales Tax Officer, Cuttack II (W.P.(C) No. 15763 of 2021), this Court is not inclined to condone the delay in filing the appeal also.

7. Accordingly, the Misc. Case is dismissed.

(Biraja Prasanna Satapathy) Judge

04. FAO No.84 of 2006

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. This appeal has been filed challenging the Judgment dtd.15.12.2004 passed by the State Education Tribunal in G.I.A. Case No. 44 of 2004.

3. Sine this Court is not inclined to condone the delay in filing the appeal, the appeal is accordingly dismissed.

(Biraja Prasanna Satapathy) Judge

Sneha