Sudarsan Panda vs Registrar
2023 Latest Caselaw 8488 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          WA No. 753 of 2022
            Sudarsan Panda                         ........   Appellant
                                               Mr. T.K. Mishra, Advocate

                                 -versus-

            Registrar, Odisha Human Rights
            Commission, Bhubaneswar &
            Another                               ...... Respondents
                                                 Mr. D.K. Mohanty, AGA
                                         Mr. Haripada Mohanty, Advocate
                                                   (for Respondent No.2)

                         CORAM:
                         JUSTICE S. TALAPATRA
                         JUSTICE SAVITRI RATHO
                                ORDER

03.08.2023

I.A. No.1918 of 2022 Order No.

05. 1. This matter is taken up through hybrid mode.

2. Heard Mr. T.K. Mishra, learned counsel appearing for the applicant and Mr. Haripada Mohanty, learned counsel for the Respondent No.2.

3. This is an application under Section 5 of the Limitation Act for condoning the delay of 61 days in filing the intra-court appeal against the judgment dated 28.02.2022 passed in W.P.(C) No.4373 of 2022 by the learned Single Judge.

4. Since there is no opposition against the prayer for condonation, we condone the said delay to enable the applicant proceed with the appeal.

5. Accordingly, this application stands allowed and disposed of.

(S. Talapatra) Judge

(Savitri Ratho) Judge

W.A No.753 of 2022 Order No.

06. 1. Heard Mr. T.K. Mishra, learned counsel appearing for the Appellant.

2. Having regard to the ground of objections, we are of the view that this appeal to be heard on merit and accordingly, the same is admitted.

3. As the Odisha Human Rights Commission is a statutory organization, its representation is not essential.

4. We request Mr. D.K. Mohanty, learned Addl. Govt. Advocate to inform the Orissa Human Rights Commission in respect of this order.

5. It appears that notice on limitation on the Respondent no.2 returned unserved with the postal remark- insufficient address.

6. Mr. Haripada Mohanty, learned counsel appearing for the Respondent No.2 in W.A. No. 361 of 2022 has submitted that he has instruction to appear for the Respondent No.2. Hence, the service on the Respondent No.2 stands complete.

7. We would request Mr. T.K. Mishra, learned counsel appearing for the Appellant to serve a copy of the memorandum of appeal to Mr. Mohanty, learned counsel.

8. Let the matter be listed on 18.08.2023 for disposal on merit along with WA No. 361 of 2022.

9. Free copy of this order be furnished to Mr. D.K. Mohanty, learned Addl. Govt. Advocate for transmission of the same to the Respondent No.1-Orissa Human Rights Commission.

(S. Talapatra) Judge

(Savitri Ratho) Judge

Sukanta

Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 10-Aug-2023 18:25:16