State Of Orissa And Others vs Makar Behera
2023 Latest Caselaw 15050 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 881 of 2022

            State of Orissa and others                   ....          Appellants
                       Mr. R.N. Mishra, Additional Government Advocate
                                    -versus-
            Makar Behera                           ....      Respondent
                                             Mr. Swapnil Roy, Advocate

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

                                          ORDER

Order No. 20.11.2023 I.A. No.2206 of 2022 and W.A. No.881 of 2022

02. 1. This matter is taken up through Hybrid mode.

2. Mr. Swapnil Roy, learned counsel enters appearance on behalf of the Respondent and files his vakalatnama, which is taken on record.

3. The above Interlocutory Application has been filed for condonation of delay of 345 days in filing the writ appeal.

4. As it appears, the order impugned has been passed on 23.06.2021, the writ appeal has been filed on 04.07.2022 and in the meantime, more than 345 days have passed. Therefore, the writ appeal suffers from delay and laches.

5. 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.

6. 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 S. Behera

Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Nov-2023 11:52:03