State Of Odisha & Others vs Basanta Kumar Baitharu
2023 Latest Caselaw 15406 Ori

Orissa High Court

State Of Odisha & Others vs Basanta Kumar Baitharu on 1 December, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.A. No.1048 of 2023

State of Odisha & Others                .....                          Appellants
                                                   Mr. Rabi Narayan Mishra, AGA
                                        Vs.
Basanta Kumar Baitharu                  .....                         Respondents


              CORAM:
                  ACTING CHIEF JUSTICE DR. B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                            ORDER

01.12.2023 W.A. No.1048 of 2023 & I.A. No.2708 of 2023

Order No. This matter is taken up by hybrid mode.

01.

2. This application has been filed for condonation of delay of 198 days in preferring the Writ Appeal.

3. Heard Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-Appellants.

4. As it appears, the order impugned has been passed on 29.09.2021 and the writ appeal has been filed on 16.05.2023. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 198 days in preferring the writ appeal. That apart, no due diligence has been indicated in the petition in preferring the writ appeal.

5. In the above view of the matter, this Court is not inclined to entertain the writ appeal at this belated stage, as the same 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), which has been confirmed by the apex Court, vide order dated 05.04.2023 in S.L.P.(C) Diary No. 9259 of 2023.

6. Accordingly, the interlocutory application merits no

consideration and the same is hereby dismissed. Consequentially, the writ appeal is also dismissed.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE Laxmikant

Signed by: LAXMIKANT MOHAPATRA Designation: SENIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 01-Dec-2023 19:05:10