State Of Odisha And Others vs Subal Kumar Mallick
2023 Latest Caselaw 12321 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No.1209 of 2023



            State of Odisha and others         ....                   Appellants
                                                        Mr. R. N. Mishra, AGA
                                           -versus-
            Subal Kumar Mallick                 ....                   Respondent


                       CORAM:
                       ACTING CHIEF JUSTICE DR. B. R. SARANGI
                       MR. JUSTICE M. S. RAMAN
                                          ORDER

10.10.2023 Order No. I. A. No.3153 of 2023 and W.A. No.1209 of 2023

01. 1. This matter is taken up through hybrid mode.

2. The above Interlocutory Application has been filed for condonation of delay of 223 days in filing the writ appeal.

3. As it appears, the order impugned has been passed on 19.09.2022, the writ appeal has been filed on 30.05.2023 and in the meantime, more than 223 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 02.03.2023.

5. Accordingly, the I.A. and the writ appeal merit no consideration and the same are hereby dismissed.

(DR. B. R. SARANGI) ACTING CHIEF JUSTICE

(M. S. RAMAN) JUDGE M. Panda

Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Oct-2023 20:11:53