State Of Odisha And Another vs Santanu Kumar Nayak And Others
2023 Latest Caselaw 10591 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   W.A. No. 1802 of 2023

            State of Odisha and another               ....         Appellants
                                             Mr. Manoja Kumar Khuntia
                                       Additional Government Advocate
                                    -versus-
            Santanu Kumar Nayak and others        ....       Respondents
                                          Mr. B.S. Tripathy-1, Advocate


                       CORAM:
                       THE CHIEF JUSTICE
                       JUSTICE SAVITRI RATHO

                                        ORDER

Order No.                              01.09.2023
            I.A. No.4868 of 2023

02. 1. This matter is taken up through Hybrid Mode.

2. Heard Mr. Manoja Kumar Khuntia, learned Additional

Government Advocate (AGA) for the Applicants/Appellants.

3. This is an application for dispensing with the filing of the

certified copy of the impugned judgment dated 12th May, 2023

passed by the learned Single Judge in W.P.(C) No.4766 of 2019

which has been challenged in W.A. No.1802 of 2023.

4. Mr. Khuntia, learned AGA has stated that he has filed the

downloaded copy of the said judgment dated 12th May, 2023 but for

urgent filing, the certified copy could not be obtained and filed with

the memorandum of appeal and hence, this prayer.

5. We find no difficulty in allowing the said prayer by dispensing

the filing of the certified copy along with the memorandum of

appeal. But, the Appellant shall file the certified copy of the said

judgment within thirty days from today for record.

6. Hence, this application is allowed and disposed of.

I.A. No.4867 of 2023

7. Heard Mr. Manoja Kumar Khuntia, learned AGA for the

Applicants/Appellants and Mr. B.S. Tripathy, learned counsel

appearing for the Respondents.

8. This is an application under Section 5 of the Limitation Act for

condonation of delay of 52 days in filing the intra-Court appeal

from the judgment dated 12th May, 2023 passed by the learned

Single Judge in W.P.(C) No.4766 of 2019.

9. Mr. B.S. Tripathy, learned counsel has, at the outset, submitted

that with an expectation that the appeal would be heard

expeditiously, he would not oppose the prayer of the Applicants for

condonation of the aforementioned delay in filing the appeal.

10. We have perused the causes assigned for explaining the delay. It

appears that the Applicants/Appellants have made out a case for

condonation of delay.

11. Accordingly, the said delay of 52 days in filing the appeal is

condoned. In the result, this application stands allowed and

disposed of.

W.A. No.1802 of 2023

12. Let the matter be listed tomorrow, i.e. on 2nd September, 2023

for consideration.

(S. Talapatra) Chief Justice

(Savitri Ratho) Judge S. Behera

Signature Not Verified Digitally Signed Signed by: SUMANTA BEHERA Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Sep-2023 16:58:37