Chandra Sekhar Swain & Others vs Joint Commissioner
2023 Latest Caselaw 14954 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.A. No.138 of 2023

Chandra Sekhar Swain & Others        .....                           Appellants
                                           M/s.Chiranjaya Mohanty, Advocate
                                                              & associates
                                   Vs.
Joint Commissioner, Settlement and .....                     Respondents
Consolidation, Berhampur and
Others                                         Mr. Biplab Mohanty, AGA
              CORAM:
                    ACTING CHIEF JUSTICE DR. B.R. SARANGI
                    MR. JUSTICE MURAHARI SRI RAMAN

                                        ORDER

17.11.2023 W.A. No.138 of 2023 & I.A. No.6685 of 2023

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

03.

2. This application has been filed for condonation of delay of 128 days in preferring the Writ Appeal.

3. Heard learned counsel appearing for the Appellants and Mr. Biplab Mohanty, learned Addl. Govt. Advocate.

4. As it appears, the order impugned has been passed on 26.08.2022 and the writ appeal has been filed on 01.02.2023. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 128 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. That apart an analogous matter i.e. W.A. No.916 of 2023 has already been dismissed by this Court vide order dated 13.11.2023.

7. Accordingly, the I.A. for condonation of delay merits no consideration and the same is hereby dismissed. Consequentially, the writ appeal is also dismissed.

8. In view of the dismissal of writ appeal, all the pending interlocutory applications stand disposed of.

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

(M.S. RAMAN) JUDGE Aswini

Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA(SECRETARY-IN-CHARGE) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Nov-2023 19:10:23