State Of Odisha & Another vs Muralidhar Dash & Others
2023 Latest Caselaw 13372 Ori

Citation : 2023 Latest Caselaw 13372 Ori
Judgement Date : 30 October, 2023

Orissa High Court

State Of Odisha & Another vs Muralidhar Dash & Others on 30 October, 2023

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.A. No.1675 of 2023

State of Odisha & Another             .....                          Appellants
                                                 Mr. Rabi Narayan Mishra, AGA
                                      Vs.
Muralidhar Dash & Others              .....                         Respondents


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

                                         ORDER

30.10.2023 W.A. No.1675 of 2023 & I.A. No.4536 of 2023

Order No. This matter is taken up by hybrid mode.

01.

2. This application has been filed for condonation of delay of 188 days in preferring the Writ Appeal.

3. Heard Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-Appellants.

4. As it appears, the order impugned has been passed on 14.12.2022 and the writ appeal has been filed on 20.07.2023. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 188 days in preferring the writ appeal. That apart, no due diligence has been indicated in the petition in preferring the writ appeal.

5. 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.

6. 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 Aswini

Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA(SECRETARY-IN-CHARGE) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 30-Oct-2023 18:09:09