State Of Odisha And Others vs Debendra Kumar Mallik
2023 Latest Caselaw 14435 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    W.A. No. 2392 of 2023

            State of Odisha and others                   ....          Appellants
                    Mr. Biplab Mohanty, Additional Government Advocate
                                     -versus-
            Debendra Kumar Mallik                  ....      Respondent
                                                                 None

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

                                          ORDER

Order No. 13.11.2023 I.A. No.6552 of 2023 and W.A. No.2392 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 362 days in filing the writ appeal.

3. As it appears, the order impugned has been passed on 22.08.2022, the writ appeal has been filed on 18.09.2023 and in the meantime, more than 362 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/ S.K. Jena

Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Nov-2023 11:15:16