Principal Secretary To Govt vs Maheswar Nanda
2023 Latest Caselaw 14436 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    W.A. No. 2374 of 2023

            Principal Secretary to Govt.,           ....       Appellants
            Agriculture & Farmers' Empowerment
            Department and others
                     Mr. Biplab Mohanty, Additional Government Advocate
                                        -versus-
            Maheswar Nanda                          ....      Respondent
                                                                  None

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

                                          ORDER

Order No. 13.11.2023 I.A. No.6475 of 2023 and W.A. No.2374 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 160 days in filing the writ appeal.

3. As it appears, the order impugned has been passed on 09.03.2023, the writ appeal has been filed on 15.09.2023 and in the meantime, more than 160 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