Makaranda Bhoi And Others vs State Of Odisha And Others
2023 Latest Caselaw 14604 Ori

Citation : 2023 Latest Caselaw 14604 Ori
Judgement Date : 14 November, 2023

Orissa High Court

Makaranda Bhoi And Others vs State Of Odisha And Others on 14 November, 2023

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CMAPL No. 444 of 2023

Makaranda Bhoi and others           .....                                  Petitioners
                                                          Mr. M. Krishna, Advocate
                                    Vs.
State of Odisha and others          .....                            Opposite Parties
                                                              Mr. B. Mohanty, AGA
            CORAM:
               ACTING CHIEF JUSTICE DR. B.R. SARANGI
               MR. JUSTICE MURAHARI SRI RAMAN

                                           ORDER

14.11.2023

Order No. I.A. No. 228 of 2023 & CMAPL No. 444 of 2023

01. This matter is taken up through hybrid mode.

2. This I.A. has been filed for condonation of delay of 44 days in filing the CMAPL and the CMAPL has been filed to recall the order dated 13.04.2023 passed in W.P.(C) No. 14804 of 2010

3. As it appears the defect pointed out by the S.R. has not yet been removed.

4. In view of the above, this Court is not inclined to condone the delay of 44 days in filing the CMAPL. That apart on perusal of the order dated 13.04.2023, it is evident that even though the writ petition was listed on 13.04.2023 pursuant to the judgment passed by the apex Court in SLP (Civil) No. 3490-3497/2023, but the conducting counsel contended that since the brief has been transferred from him, he has no instruction in the matter. No other counsel was also there on behalf of the petitioners to pursue the matter and, accordingly, the writ petition was disposed of for want of instruction. Thus, this Court also do not find any ground to recall the order dated 13.04.2023 and restore

W.P.(C) No. 14804 of 2010 to its file.

5. In view of the above, the CMAPL application stands dismissed both on the ground of limitation as well as on merit.

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

Arun (M.S. RAMAN) JUDGE

Signature Not Verified Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Nov-2023 16:44:08