State Of Odisha And Others vs Managiang Committee Of
2023 Latest Caselaw 1090 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  FAO No. 507 of 2018

            State of Odisha and others             ....                   Appellants
                                                             Mr. B. Mohanty,
                                                  Standing Counsel for School
                                                         and Mass Education
                                                                 Department
                                              -Versus -
            Managiang      Committee          of    ....                 Respondent

Nazrasinghpur High School Mr. S.B. Jena, Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 01.02.2023

FAO No. 507 of 2018 & I.A.No. 730 of 2018 Order No.

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

2. This is an application for condonation of delay in filing the appeal.

3. Office has pointed out a delay of 59 days.

4. It is stated in the petition that the judgment of the Tribunal was passed on 15.01.2018 and after receipt of a copy of the same, the Joint Secretary directed all the DEOs of the State to challenge the same before this Court by filing appeal. Accordingly, the DEO, Nayagarh after receiving the aforementioned instructions requested the Senior Standing Counsel to prefer appeal, who in turn entrusted the file to the Standing Counsel for doing the needful. Thereafter, the necessary documents were obtained and the memorandum of

appeal was prepared and ultimately file. In the process there has been delay of 59 days.

5. Learned counsel for the respondent has objected to the prayer for condonation of delay on the ground that the State cannot be shown any sympathy and in any case the delay has not been properly explained.

6. After considering the rival submissions and on perusal of the petition for condonation of delay, this Court is satisfied that the period of delay has been properly explained. The petition is therefore, allowed.

7. The delay in filing of appeal is condoned subject to payment of Rs. 5000/- to the counsel for the respondent. Proof of such payment shall be furnished by State Counsel within two weeks.

8. The I.A. is accordingly disposed of.

9. Place this matter for admission.

(Sashikanta Mishra) Judge

B.C. Tudu