State Of Odisha And Another vs Nanda Kishore Sahoo
2023 Latest Caselaw 12363 Ori

Citation : 2023 Latest Caselaw 12363 Ori
Judgement Date : 10 October, 2023

Orissa High Court

State Of Odisha And Another vs Nanda Kishore Sahoo on 10 October, 2023

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.A. No.1914 of 2023

State of Odisha and another            .....                            Appellants
                                                            Mr. R.N. Mishra, AGA
                                       Vs.
Nanda Kishore Sahoo                    .....                           Respondent


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

                                           ORDER

10.10.2023 I.A. No.5178 of 2023

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

01.

2. This application has been filed for condonation of delay of 165 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 04.01.2023 and the writ appeal has been filed on 10.08.2023 and in the meantime more than five 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 165 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 Aswini

Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA(SECRETARY-IN-CHARGE) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 10-Oct-2023 17:08:41