State Of Odisha And Others vs Prasanna Kumar Mohapatra And
2023 Latest Caselaw 13253 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 2560 of 2023

            State of Odisha and Others               ...           Appellants
                                      Mr. R.N. Mishra, Addl. Govt. Advocate
                                       -versus-
            Prasanna Kumar Mohapatra and ...                     Respondents
            Another
                                             Mr. Manas Pati, Advocate (R/1)

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

Order No. 19.10.2023 I.A. No.7554 of 2023 and W.A. No.2560 of 2023

01. 1. The above Interlocutory Application has been filed for condonation of delay of 166 days in filing the writ appeal.

2. As it appears, the judgment impugned has been passed on 29.03.2023, the writ appeal has been filed on 11.10.2023 and in the meantime, more than 166 days have passed. Therefore, the writ appeal suffers from delay and laches.

3. 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 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 05.04.2023.

4. 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 SK Jena/Secy.

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY

Location: High Court of Orissa, Cuttack. Date: 20-Oct-2023 10:17:07