State Of Odisha And Others vs Pankaj Kumar Behera
2024 Latest Caselaw 132 Ori

Orissa High Court

State Of Odisha And Others vs Pankaj Kumar Behera on 3 January, 2024

Bench: B.R. Sarangi, Murahari Sri Raman

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 3080 of 2023

            State of Odisha and others                   ....          Appellants
                    Mr. Biplab Mohanty, Additional Government Advocate
                                     -versus-
            Pankaj Kumar Behera                    ....      Respondent


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

                                          ORDER

Order No. 03.01.2024 I.A. No.8866 of 2023 and W.A. No.3080 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 186 days in filing the writ appeal.

3. In view of the decision rendered 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, vide order dated 05.04.2023 in SLP (C) Diary No.9259 of 2023, this Court is not inclined to condone the delay in filing the writ appeal.

4. However, at this stage, it is contended that the case of the Appellants is covered by the judgment of this Court in the case of State of Odisha & others v. Bindusagar Samantaray; (W.A. No.810 of 2021) and batch, disposed of on 25.09.2023.

5. In view of the above submission, the writ appeal stands disposed of in terms of the judgment of this Court in the case of Bindusagar Samantaray (supra).

6. Consequently, all interlocutory applications stand disposed of.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE S. Behera

Designation: Senior Stenographer

Location: High Court of Orissa, Cuttack Date: 04-Jan-2024 10:46:21