State Of Odisha vs Hadibandhu Biswal And Others
2023 Latest Caselaw 15692 Ori

Orissa High Court

State Of Odisha vs Hadibandhu Biswal And Others on 6 December, 2023

Bench: B. R. Sarangi, Murahari Sri Raman

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.A. No.1353 of 2023

            State of Odisha                    ....                   Appellant
                                                         Mr. B. Mohanty, AGA
                                       -versus-
            Hadibandhu Biswal and others ....                    Respondents
             M/s. U. K. Samal and associates, Advocates for Respondent No.1

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

06.12.2023 Order No. I. A. No.3539 of 2023 and W.A. No.1353 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 443 days in filing the writ appeal.

3. As it appears, the order impugned has been passed on 07.03.2022, the writ appeal has been filed on 23.06.2023 and in the meantime, more than 443 days have passed. Therefore, the writ appeal suffers from delay and laches.

4. 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.

5. 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