State Of Odisha And Others vs Madhusudan Sahu And Another
2023 Latest Caselaw 13344 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.A. No.2106 of 2023

             State of Odisha and others                  ....          Appellants
                                                    Mr. Biplab Mohanty, A.G.A
                                    -versus-
             Madhusudan Sahu and another                 ....        Respondents


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

                                            ORDER

30.10.2023 Order No.

01. I. A. No.5715 of 2023 and W.A. No.2106 of 2023

1. This matter is taken up through hybrid mode.

2. The above Interlocutory Application has been filed for condonation of delay of 203 days in filing the writ appeal.

3. As it appears, the judgment impugned has been passed on 02.01.2023, the writ appeal has been filed on 23.08.2023 and in the meantime, more than 203 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 S.K. Guin

Signature Not Verified

Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 31-Oct-2023 11:14:40