Citation : 2023 Latest Caselaw 13287 Ori
Judgement Date : 19 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.2425 of 2023
State of Odisha and another .... Appellants
Mr. R. N. Mishra, AGA
-versus-
Dr. Purna Chandra Giri and .... Respondents
others
CORAM:
ACTING CHIEF JUSTICE DR. B. R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
19.10.2023 Order No. I. A. No.6788 of 2023 and W.A. No.2425 of 2023
01. 1. This matter is taken up through hybrid mode.
2. The above Interlocutory Application has been filed for condonation of delay of 354 days in filing the writ appeal.
3. As it appears, the order impugned has been passed on 06.09.2022, the writ appeal has been filed on 25.09.2023 and in the meantime, more than 354 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 05.04.2023.
5. Accordingly, the I.A. merits no consideration and the same is hereby dismissed. Consequently, the writ appeal is also dismissed.
(DR. B. R. SARANGI) ACTING CHIEF JUSTICE
(M. S. RAMAN) JUDGE M. Panda
Signature Not Verified Digitally Signed
Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Oct-2023 18:09:36
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