State Of Odisha vs Amar Mohapatra
2024 Latest Caselaw 29 Ori

Orissa High Court

State Of Odisha vs Amar Mohapatra on 2 January, 2024

Bench: B.R. Sarangi, Murahari Sri Raman

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 3068 of 2023

            State of Odisha                              ....           Appellant
                      Mr. R.N. Mishra, Additional Government Advocate
                                   -versus-
            Amar Mohapatra                        ....      Respondent


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

                                          ORDER

Order No. 02.01.2024 I.A. No.8842 of 2023 and W.A. No.3068 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 257 days in filing the writ appeal.

3. As it appears, the order impugned has been passed on 02.03.2023, the writ appeal has been filed on 14.12.2023 and in the meantime, more than eight months 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. Behera/ M. Panda

Designation: Senior Stenographer

Location: High Court of Orissa, Cuttack Date: 03-Jan-2024 10:53:48