Commissioner-Cum-Secretary vs Dr. Ghanashyam Dora And Others
2023 Latest Caselaw 14529 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 2249 of 2023

            Commissioner-cum-Secretary, Health    ...            Appellant
            and Family Welfare Department
                                Mr. Biplab Mohanty, Addl. Govt. Advocate
                                      -versus-
            Dr. Ghanashyam Dora and Others        ...         Respondents
                                                                   None

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

Order No. 13.11.2023 I.A. No.6104 of 2023 and W.A. No.2249 of 2023

01. 1. The above Interlocutory Application has been filed for condonation of delay of 263 days in filing the writ appeal.

2. As it appears, the judgment impugned has been passed on 10.03.2023, the writ appeal has been filed on 02.09.2023 and in the meantime, more than 263 days have passed. Therefore, the writ appeal suffers from delay and laches.

3. 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 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.

4. Accordingly, the I.A. and the writ appeal merit no consideration and the same are hereby dismissed.

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

(M.S. RAMAN) JUDGE

Signature Not Verified

SK Jena/Secy.Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-Nov-2023 10:56:17