State Of Odisha And Others vs Balaram Mohapatra & Another
2023 Latest Caselaw 12529 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.A. No.442 of 2023

State of Odisha and others             .....                           Appellants
                                                           Mr. R.N. Mishra, AGA
                                       Vs.
Balaram Mohapatra & another            .....                          Respondents
                                                   Mr. Sanjib Mohanty, Advocate
                                                           (for Respondent No.1)

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

                                          ORDER

12.10.2023 I.A. No.1098 of 2023

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

02.

2. This application has been filed for condonation of delay of 251 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 no.1.

4. As it appears, the order impugned has been passed on 27.05.2022 and the writ appeal has been filed on 04.03.2023 and in the meantime more than eight 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 251 days in preferring the writ appeal. That apart, no due diligence has been indicated in the petition in preferring the writ appeal. Further, on merit also, it is contended by the learned counsel for the respondent no.1 that the order dated 10.03.2011 passed in a similar matter by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.3665(C) of 2001 has been confirmed by the Division Bench of this Court vide order dated 19.04.2022 passed in

W.P.(C) No.21611 of 2011 and the same has been affirmed by the Apex Court vide order dated 14.12.2022 passed in Special Leave Petition (Civil) Diary No(s).36299 of 2022.

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 MRS

Signature Not Verified Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 13-Oct-2023 13:40:00