State Of Odisha And Others vs Kumuli Kailash
2023 Latest Caselaw 14445 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No.1882 of 2023

            State of Odisha and others      ....                   Appellants
                                      Mr. R.N. Mishra, Addl. Govt. Advocate
                                       -versus-
            Kumuli Kailash                  ....                  Respondent


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

Order No. 13.11.2023 I.A. No.5084 of 2023 and W.A. No.1882 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 363 days in filing the writ appeal.

3. In view of the decision rendered 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, vide order dated 05.04.2023 in SLP (C) Diary No.9259 of 2023, this Court is not inclined to condone the delay in filing the writ appeal.

4. However, at this stage, it is contended that the case of the Appellants is covered by the judgment of this Court in the case of

State of Odisha & others v. Bindusagar Samantaray; (W.A. No.810 of 2021) and batch, disposed of on 25.09.2023.

5. In view of the above submission, the writ appeal stands disposed of in terms of the judgment of this Court in the case of Bindusagar Samantaray (supra).

6. Consequently, all the interlocutory applications stand disposed of.

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

(M. S. RAMAN) JUDGE

S.K. Jena/Secy.

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-Nov-2023 10:56:16