State Of Odisha And Others vs Pramod Kuma Mohanty And Others
2023 Latest Caselaw 12431 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 1428 of 2022

            State of Odisha and Others          ...           Appellants
                                   Mr. H.M. Dhal, Addl. Govt. Advocate
                                   -versus-
            Pramod Kuma Mohanty and Others      ...         Respondents
                                     Mr. Bidyadhar Mansingh, Advocate



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

Order No. 11.10.2023 I.A. No.3420 of 2022 and W.A. No.1428 of 2022

03. 1. The above Interlocutory Application has been filed for condonation of delay of 261 days in filing the writ appeal.

2. As it appears, the judgment impugned has been passed on 11.01.2022, the writ appeal has been filed on 29.10.2022 and in the meantime, more than 261 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 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.

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

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

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA

Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 17-Oct-2023 11:15:53