Orissa High Court
State Of Odisha And Others vs Maheswar Pradhan And Another on 21 November, 2023
Bench: B.R. Sarangi, Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A No. 916 of 2023
State of Odisha and others ..... Appellants
Mr. R.N. Mishra, AGA
Vs.
Maheswar Pradhan and another ..... Respondents
Mr. Satyajit Samal, Advocate (Interveners)
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
21.11.2023
Order No. I.A. No. 8247 of 2023
03.
This matter is taken up through hybrid mode.
2. This I.A. has been filed one of the interveners to the writ appeal for
modification of the order dated 13.11.2023 passed in W.A. No. 916 of 2023.
3. Mr. Satyajit Samal, learned counsel appearing on behalf of the
Interveners contended that on 13.11.2023 while disposing of the
Interlocutory Applications filed by the interveners, though he was present
before this Court, but it has been indicated in the order No.1 dated
13.11.2023 that none is there to prosecute the Interlocutory Applications.
Therefore, such recording of none appearance and also dismissal on the
ground of non-prosecution may be modified.
4. Office Note also indicates that the order number has been
inadvertently typed as "01" in place of "02".
5. In view of the above, the order dated 13.11.2023 passed in W.A. No.
916 of 2023 is recalled and a fresh order incorporating necessary correction
is passed today separately.
6. The I.A. stands disposed of.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
(M.S. RAMAN)
JUDGE
Contd..
IN THE HIGH COURT OF ORISSA AT CUTTACK
State of Odisha and others ..... Appellants
Mr. R.N. Mishra, AGA
Vs.
Maheswar Pradhan and another ..... Respondents
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
21.11.2023
Order No. IA Nos. 6409, 6410, 6411, 6412, 6413, 6414, 6510, 6511, 6512,
04. 6513, 6514, 6515, 6516, 6517, 6520, 6521, 6526, 6527,
6530, 6531, 6532, 6896, 6897, 6898, 6899, 6900, 6901, 6902,
6903, 6904, 6905, 6906, 6907, 6908, 6909, 6910, 6911,
6912, 6913, 6914, 6916, 6917, 6919, 6921, 6924, 6925, 6926,
6927, 6929, 6931, 6933, 6937, 6939, 6940, 6941, 7106, 7107,
7108, 7109, 7110, 7111, 7115, 7116, 7118, 7123, 7124, 7125,
7126, 7127, 7128, 7129, 7130, 7131, 7132, 7133, 7134, 7135,
7136, 7137, 7138, 7139, 7140, 7142, 7176, 7179, 7185,
7186, 7187, 7188, 7189, 7190, 7191, 7400, 7401, 7402, 7403,
7447, 7448, 7449, 7450, 7451, 7452, 7453, 7454, 7455, 6729,
6732, 6737, 6756, 6757, 6758, 6759, 6760, 6761, 6762, 6763,
6764, 7394, 7396, 7398, 7601 and 7602 of 2023
1. This matter is taken up through hybrid mode.
2. These I.A.s have been filed seeking intervention.
3. This Court heard Mr. Satyajit Samal, learned counsel appearing
for the interveners.
4. In view of the order this Court is proposing to pass in the writ
appeal, all the I.As stand disposed of.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
(M.S. RAMAN)
JUDGE
Order No I. A. No.2346 of 2023 and W.A. No.916 of 2023
1. The above Interlocutory Application has been filed for
condonation of delay of 243 days in filing the writ appeal.
2. As it appears, the judgment impugned has been passed on
04.08.2022, the writ appeal has been filed on 04.05.2023 and in the
meantime, more than 243 days have passed. Therefore, the writ appeal
suffers from delay and laches.
3. 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.
4. Accordingly, the I.A. merits no consideration and the same is
hereby dismissed. Consequently, the writ appeal is also dismissed. The
interim order passed earlier stands vacated.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
Arun (M.S. RAMAN)
JUDGE
Designation: ADR-cum-Addl. Principal Secretary
Location: High Court of Orissa
Date: 21-Nov-2023 16:24:27
