Biswanath Acharya vs Bijayananda Dwibedi And
2023 Latest Caselaw 15557 Ori

Orissa High Court

Biswanath Acharya vs Bijayananda Dwibedi And on 4 December, 2023

Bench: B. R. Sarangi, Murahari Sri Raman

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No.1788 of 2023

            Biswanath Acharya                ....                    Appellant
                                 M/s. B. P. Mohanty and associate, Advocates
                                        -versus-
            Bijayananda      Dwibedi and ....                     Respondents
            another


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

04.12.2023 Order No. I. A. No.5011 of 2023 and W.A. No.1788 of 2023

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

2. The above Interlocutory Application has been filed for condonation of delay of 141 days in filing the writ appeal.

3. On the last occasion, this Court has directed for issuance of notice on the question of limitation, but requisites for the same have not been filed in time rather the Applicant has filed an application for acceptance of requisites filed late.

4. As it appears, the order impugned has been passed on 09.02.2023, the writ appeal has been filed on 01.08.2023 and in the meantime, more than 141 days have passed. Further, there is no satisfactory explanation averred in the application for condonation of delay. Therefore, the writ appeal suffers from delay and laches.

5. In that view of the matter, this Court is not inclined to entertain this writ appeal at this belated stage in view of the judgment/order

of this Court in the case of State of Odisha v. Surama Manjari Das (in W.P.(C) No.15763 of 2021 dismissed on 16.07.2021), which has been confirmed by the Apex Court in SLP (C) Diary No.9259 of 2023 vide order dated 05.04.2023.

6. Accordingly, the I.A. merits no consideration and the same is hereby dismissed. Consequently, the writ appeal is also dismissed.

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

(M. S. RAMAN) JUDGE M. Panda

Location: High Court of Orissa, Cuttack Date: 05-Dec-2023 16:52:07