State Of Odisha And Others vs Rabindra Kumar Jena
2023 Latest Caselaw 14056 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.A. No. 1771 of 2023
State of Odisha and others            .....                                      Appellants
                                                                     Mr. R.N. Mishra, AGA
                                      Vs.
Rabindra Kumar Jena                   .....                                    Respondents
                                                  Mr. S. Mallik, Adv.
              CORAM:
                 ACTING CHIEF JUSTICE DR. B.R. SARANGI
                 MR. JUSTICE M.S. RAMAN

                                                ORDER

09.11.2023 Order No. I.A. No. 7868 of 2023

02. This matter is taken up through hybrid mode.

2. This interlocutory application has been filed by the respondent for correction of cause title of the order dated 19.10.2023 passed in W.A. No. 1771 of 2023.

3. Learned counsel for the respondent contended that inadvertently in the cause title of the order dated 19.10.2023 the description of respondent has been mentioned as "Damodar Mohanty and others" instead of "Rabindra Kumar Jena". Therefore, the same may be corrected.

4. Considering the averments made in the application and after hearing learned counsel for the parties, the order dated 19.10.2023 passed in W.A. No. 1771 of 2023 is recalled and fresh order incorporating necessary corrections is passed today in separate order sheet.

5. Accordingly, the I.A. stands disposed of.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) JUDGE P.T.O.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 1771 of 2023

State of Odisha and others ..... Appellants Mr. R.N. Mishra, AGA Vs.

Rabindra Kumar Jena ..... Respondents Mr. S. Mallik, Adv.

CORAM:

ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE M.S. RAMAN ORDER 09.11.2023 W.A. No. 1771 of 2023 & I.A. No. 4779 of 2023 Order No. This matter is taken up through hybrid mode.

2. The above Interlocutory Application has been filed for condonation of delay of 206 days in filing the writ appeal.

3. As it appears, the order impugned has been passed on 07.12.2022, the writ appeal has been filed on 31.07.2023 and in the meantime, more than 206 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 stage 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 (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. Consequentially, the Writ Appeal is also dismissed.

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

Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant (M.S. RAMAN) Reason: Authentication Ashok OF ORISSA Location: HIGH COURT JUDGE Date: 09-Nov-2023 17:27:30