State Of Odisha & Another vs Ashok Kumar Patra & Another
2024 Latest Caselaw 1911 Ori

Orissa High Court

State Of Odisha & Another vs Ashok Kumar Patra & Another on 31 January, 2024

Bench: B.R. Sarangi, Murahari Sri Raman

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.A. No. 35 of 2024

State of Odisha & Another            .....                        Appellants
                                                  Mr. Biplab Mohanty, AGA

                                     Vs.

Ashok Kumar Patra & Another          .....                          Respondents


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

31.01.2024 W.A. No. 35 of 2024 & I.A. No. 217 of 2024

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

01. 2. This application has been filed for condonation of delay of 243 days in preferring the Writ Appeal.

3. Heard Mr. Biplab Mohanty, learned Additional Government Advocate appearing for the Appellants.

4. It appears that the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 243 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

Designation: PA(SECRETARY-IN-CHARGE)

Location: ORISSA HIGH COURT, CUTTACK Date: 01-Feb-2024 11:58:36