Commissioner-Cum-Secretary vs Sasmita Sahu And Another
2023 Latest Caselaw 12053 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.A. No.384 of 2023

Commissioner-cum-Secretary,           .....                           Appellants
Health and Family Welfare
Department, Odisha and others
                                                          Mr. R.N. Mishra, AGA
                                      Vs.
Sasmita Sahu and another              .....                         Respondents


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

                                          ORDER

05.10.2023 I.A. No.960 of 2023

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

02.

2. This application has been filed for condonation of delay of 219 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 24.06.2022 and the writ appeal has been filed on 28.02.2023 and in the meantime more than seven months 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 219 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

Signature Not Verified Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Oct-2023 14:10:01