Odisha University Of Agriculture & vs Binod Chandra Behera & Others
2023 Latest Caselaw 15237 Ori

Orissa High Court

Odisha University Of Agriculture & vs Binod Chandra Behera & Others on 29 November, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.A. No.2570 of 2023

Odisha University of Agriculture &     .....                            Appellants
Technology (OUAT) & another
                                                    Mr. Pabitra Mohan Pattajoshi,
                                                                       Advocate
                                       Vs.
Binod Chandra Behera & others          .....                        Respondents
                                              Mr. Biswabihari Mohanty, Advocate

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

                                           ORDER

29.11.2023 I.A. No.7574 of 2023

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

01.

2. This application has been filed for condonation of delay of 115 days in preferring the Writ Appeal.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

4. As it appears, the order impugned has been passed on 19.05.2023 and the writ appeal has been filed on 12.10.2023 and in the meantime more than three months have passed. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 115 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