State Of Odisha And Another vs Pratap Chandra Barik
2023 Latest Caselaw 12977 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.A. No.2109 of 2023

             State of Odisha and another                  ....         Appellants
                                                        Mr. R.N. Mishra, A.G.A

                                          -versus-
             Pratap Chandra Barik                         ....         Respondent
                                                     Mr. T.K. Pattnaik, Advocate


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

                                           ORDER

18.10.2023 Order No.

01. I. A. No.5722 of 2023 and W.A. No.2109 of 2023

1. This matter is taken up through hybrid mode.

2. The above Interlocutory Application has been filed for condonation of delay of 321 days in filing the writ appeal.

3. As it appears, the judgment impugned has been passed on 07.09.2022, the writ appeal has been filed on 24.08.2023 and in the meantime, more than 321 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 18:16:51