Collector vs Bhisma Dev Bag And Others
2023 Latest Caselaw 12802 Ori

Citation : 2023 Latest Caselaw 12802 Ori
Judgement Date : 16 October, 2023

Orissa High Court

Collector vs Bhisma Dev Bag And Others on 16 October, 2023

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.A. No.745 of 2023

Collector, Sundargarh & Another       .....                          Appellants
                                            Mr. Bigyan Kumar Sharma, Advocate
                                      Vs.
Bhisma Dev Bag and Others             .....                          Respondents
                                                       Mr. G.R. Sethy, Advocate
                                                             (Respondent No.1)

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

                                          ORDER

16.10.2023 I.A. No.1902 of 2023

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

03.

2. This application has been filed for condonation of delay of 222 days in preferring the Writ Appeal.

3. Heard Mr. Bigyan Kumar Sharma, learned counsel appearing for the appellants and Mr. G.R. Sethy, learned counsel for respondent no.1.

4. As it appears, the order impugned has been passed on 26.07.2022 and the writ appeal has been filed on 13.04.2023 and in the meantime more than six 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 205 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: 16-Oct-2023 17:47:49