State Of Odisha vs Golakha Chandra Naik
2023 Latest Caselaw 15626 Ori

Orissa High Court

State Of Odisha vs Golakha Chandra Naik on 5 December, 2023

Bench: B. R. Sarangi, Murahari Sri Raman

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.A. No.2787 of 2023

            State of Odisha                    ....                    Appellant
                                                        Mr. R. N. Mishra, AGA
                                          -versus-
            Golakha Chandra Naik               ....                    Respondent


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

05.12.2023 Order No. I.A. No.8143 of 2023 and W.A. No.2787 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 125 days in filing the writ appeal.

3. In view of the decision rendered 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, vide order dated 05.04.2023 in SLP (C) Diary No.9259 of 2023, this Court is not inclined to condone the delay in filing the writ appeal.

4. However, at this stage, it is contended that the case of the Appellants is covered by the judgment of this Court in the case of State of Odisha & others v. Bindusagar Samantaray; (W.A. No.810 of 2021) and batch, disposed of on 25.09.2023.

5. In view of the above submission, the writ appeal stands disposed of in terms of the judgment of this Court in the case of Bindusagar Samantaray (supra).

6. Consequently, all the interlocutory applications stand disposed of.

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

(M. S. RAMAN) JUDGE M. Panda

Location: High Court of Orissa, Cuttack