State Of Odisha And Others vs Narsingh Behera And Others
2023 Latest Caselaw 12344 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       W.A. No. 200 of 2023

            State of Odisha and Others               ...           Appellants
                                      Mr. R.N. Mishra, Addl. Govt. Advocate
                                       -versus-
            Narsingh Behera and Others               ...         Respondents
                                  Mr. Bhawani Shankar Tripathy-1, Advocate



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

Order No. 10.10.2023 I.A. No.498 of 2023 and W.A. No.200 of 2023

04. 1. The above Interlocutory Application has been filed for condonation of delay of 677 days in filing the writ appeal.

2. As it appears, the order impugned has been passed on 05.03.2021, the writ appeal has been filed on 10.02.2023 and in the meantime, more than 677 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 02.03.2023.

4. Accordingly, the I.A. and the writ appeal merit no consideration and the same are hereby dismissed. The interim order passed earlier stands vacated.

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

(M.S. RAMAN) JUDGE SK Jena/Secy.

Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 12-Oct-2023 13:20:38