State Of Odisha & Another vs Dasharath Nayak & Another
2023 Latest Caselaw 15219 Ori

Citation : 2023 Latest Caselaw 15219 Ori
Judgement Date : 29 November, 2023

Orissa High Court

State Of Odisha & Another vs Dasharath Nayak & Another on 29 November, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.A. No.2546 of 2023

State of Odisha & another             .....                            Appellants
                                                           Mr. R.N. Mishra, AGA
                                      Vs.
Dasharath Nayak & another             .....                          Respondents


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

                                          ORDER

29.11.2023 I.A. No.7497 of 2023

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

01.

2. This application has been filed for condonation of delay of 547 days in preferring the Writ Appeal.

3. Heard Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-Appellants.

4. As it appears, the order impugned has been passed on 11.03.2022 and the writ appeal has been filed on 10.10.2023 and in the meantime more than one year has passed. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 547 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

Designation: PERSONAL ASSISTANT

Location: Orissa High Court, Cuttack Date: 29-Nov-2023 16:49:37