Citation : 2023 Latest Caselaw 12856 Ori
Judgement Date : 17 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.1716 of 2023
State of Odisha and others .... Appellants
Mr. R.N. Mishra, A.G.A
-versus-
Ananda Chandra Jena and another .... Respondents
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
JUSTICE MURAHARI SRI RAMAN
ORDER
17.10.2023 Order No.
01. I. A. No.4645 of 2023 and W.A. No.1716 of 2023
1. This matter is taken up through hybrid mode.
2. The above Interlocutory Application has been filed for condonation of delay of 342 days in filing the writ appeal.
3. As it appears, the judgment impugned has been passed on 22.07.2022, the writ appeal has been filed on 24.07.2023 and in the meantime, more than 342 days have passed. Therefore, the writ appeal suffers from delay and laches.
4. 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/order 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.
5. 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 S.K. Guin
Signature Not Verified
Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Oct-2023 11:30:42
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