State Of Orissa And Another vs Iswar Chandra Naik And Others
2023 Latest Caselaw 15744 Ori

Orissa High Court

State Of Orissa And Another vs Iswar Chandra Naik And Others on 7 December, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 2797 of 2023

            State of Orissa and another                  ....          Appellants
                    Mr. Biplab Mohanty, Additional Government Advocate
                                     -versus-
            Iswar Chandra Naik and others          ....     Respondents


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

                                          ORDER

Order No. 07.12.2023 I.A. No.8172 of 2023 and W.A. No.2797 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 299 days in filing the writ appeal.

3. As it appears, the order impugned has been passed on 19.12.2022, the writ appeal has been filed on 13.11.2023 and in the meantime, more than 299 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, as the writ appeal 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 (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 S. Behera/ M. Panda

Designation: Senior Stenographer

Location: High Court of Orissa, Cuttack Date: 11-Dec-2023 10:43:27