State Of Odisha And Others vs Sanjib Kumar Sahoo
2023 Latest Caselaw 12422 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.A. No.2379 of 2023

State of Odisha and others              .....                           Appellants
                                                            Mr. R.N. Mishra, AGA
                                        Vs.
Sanjib Kumar Sahoo                      .....                         Respondent
                                                     M/s. Krishna Chandra Sahu,
                                                           Advocate & associates

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

                                           ORDER

11.10.2023 I.A. No.6484 of 2023

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

01.

2. This application has been filed for condonation of delay of 327 days in preferring the Writ Appeal.

3. Heard Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-Appellants and the learned counsel for respondent.

4. As it appears, the order impugned has been passed on 22.09.2022 and the writ appeal has been filed on 15.09.2023 and in the meantime more than eleven 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 327 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: 12-Oct-2023 12:35:01