Sushanta Gochhayat vs State Of Odisha & Others
2023 Latest Caselaw 14578 Ori

Citation : 2023 Latest Caselaw 14578 Ori
Judgement Date : 14 November, 2023

Orissa High Court

Sushanta Gochhayat vs State Of Odisha & Others on 14 November, 2023

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.A. No.1621 of 2022

Sushanta Gochhayat                      .....                            Appellants
                                                       Mr. S.R. Acharya, Advocate
                                        Vs.
State of Odisha & others                .....                         Respondents

                                                   Mr. Rabi Narayan Mishra, AGA
              CORAM:
                  ACTING CHIEF JUSTICE DR. B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                            ORDER

14.11.2023 W.A. No.1621 of 2022 & I.A. No.3782 of 2022

Order No. This matter is taken up by hybrid mode.

05.

2. This application has been filed for condonation of delay of 247 days in preferring the Writ Appeal.

3. Heard learned counsel appearing for the Appellant; Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-Respondents & Ms. D. Mohapatra, learned Counsel appearing for the Respondent No.5.

4. As it appears, the order impugned has been passed on 24.02.2022 and the writ appeal has been filed on 28.11.2022. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 247 days in preferring the writ appeal. That apart, no due diligence has been indicated in the petition in preferring the writ appeal.

5. In the above view of the matter, this Court is not inclined to entertain the writ appeal at this belated stage, as the same 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, vide order dated

05.04.2023 in S.L.P.(C) Diary No. 9259 of 2023.

6. Accordingly, the interlocutory application merits no consideration and the same is hereby dismissed. Consequentially, the writ appeal is also dismissed.

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

(M.S. RAMAN) JUDGE Laxmikant

Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Nov-2023 10:50:56