State Of Odisha And Others vs Basant Kumar Das And Another
2023 Latest Caselaw 12899 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No.2337 of 2023

            State of Odisha and Others               ...           Appellants
                                      Mr. R.N. Mishra, Addl. Govt. Advocate
                                       -versus-
            Basant Kumar Das and Another             ...         Respondents
                                        Mr. Sanjib Mohanty, Advocate (R/1)

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

Order No. 17.10.2023 I.A. No.6357 of 2023 and W.A. No.2337 of 2023

02. 1. This application has been filed for condonation of delay of 545 days in preferring the Writ Appeal.

2. Heard Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-Appellants and the learned counsel for Respondent no.1.

3. As it appears, the order impugned has been passed on 16.02.2022 and the writ appeal has been filed on 14.09.2023 and in the meantime more than 545 days 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 545 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 quashed 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.

4. 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.

5. 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

SK Jena/Secy.

Signature Not Verified Digitally Signed

Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 17-Oct-2023 17:14:32