Dillip Kumar Tulsiyan vs State Of Odisha & Another
2023 Latest Caselaw 14791 Ori

Citation : 2023 Latest Caselaw 14791 Ori
Judgement Date : 16 November, 2023

Orissa High Court

Dillip Kumar Tulsiyan vs State Of Odisha & Another on 16 November, 2023

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.A. No.2613 of 2023

Dillip Kumar Tulsiyan                  .....                          Appellant
                                                 Mr. Pranayanee Dasmohapatra,
                                                                    Advocate
                                       Vs.
State of Odisha & another              .....                         Respondents
                                                       Mr. Biplab Mohanty, AGA

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

                                          ORDER

16.11.2023 I.A. No.7676 of 2023

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

01.

2. This application has been filed for condonation of delay of 159 days in preferring the Writ Appeal.

3. Heard the learned counsel for the appellant.

4. As it appears, the order impugned has been passed on 12.04.2023 and the writ appeal has been filed on 18.10.2023 and in the meantime more than five months have passed. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 159 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 MRS

Signature Not Verified Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-Nov-2023 12:27:08