State Of Orissa And Others vs Bidyut Lata Mohanty
2023 Latest Caselaw 15060 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 282 of 2023

            State of Orissa and others                   ....          Appellants
                        Mr. R.N. Mishra, Additional Government Advocate
                                     -versus-
            Bidyut Lata Mohanty                     ....        Respondent
                                                   Mr. J. Gupta, Advocate

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

                                          ORDER

Order No. 20.11.2023 I.A. No.707 of 2023 and W.A. No.282 of 2023

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

2. The above Interlocutory Application has been filed for condonation of delay of 134 days in filing the writ appeal.

3. As it appears, the order impugned has been passed on 05.09.2022, the writ appeal has been filed on 17.02.2023 and in the meantime, more than 134 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 S. Behera

Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Nov-2023 11:52:02