The Principal Secretary To ... vs Gourahari Lenka
2023 Latest Caselaw 14671 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 2642 of 2023

            The Principal Secretary to Government ....         Appellants
            Department of Panchayati Raj and
            others
                        Mr. R.N. Mishra, Additional Government Advocate
                                        -versus-
            Gourahari Lenka                         ....      Respondent
                                                                  None

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

                                          ORDER

Order No. 15.11.2023 I.A. No.7758 of 2023 and W.A. No.2642 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 256 days in filing the writ appeal.

3. As it appears, the order impugned has been passed on 06.01.2023, the writ appeal has been filed on 19.10.2023 and in the meantime, more than 256 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 M. Panda

Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Nov-2023 18:27:54